What the regulation says
Article 3 of the eIDAS Regulation defines an electronic signature as data in electronic form which the signatory uses to sign. It is a deliberately broad definition: a ticked box qualifies too.
An advanced signature adds the four requirements of article 26: uniquely linked to the signatory, capable of identifying them, created with data under their sole control, and linked so that any later change is detectable.
The qualified one and its effect
A qualified signature is an advanced one created with a qualified device and based on a qualified certificate. Under article 25.2, it has legal effect equivalent to a handwritten signature.
It is the only level with express equivalence. The other two are not invalid: article 25.1 forbids denying them legal effect merely for being electronic.
How to pick a level
The useful question is not which is best, but what happens if the signatory denies it. For an internal work order, a simple signature with good evidence usually suffices. For a high-value contract, the qualified one saves arguments.
What an auditor usually asks for
- Signature level decided by document type, not one for everything
- Signatory identification proportionate to the risk of the act
- Detection of later alterations guaranteed
- A written criterion for what gets signed at which level
How the signature level is configured in Kimobox
- 1Classify documents by risk: internal, contractual and high exposure.
- 2Assign each class its signature level and identification method.
- 3Review the criterion once a year, or whenever the paperwork changes.
Moving up a level costs money and friction; moving down costs litigation. The balance is decided document by document.
Where each figure comes from
References to the official text in force. If a standard is revised, this page is updated and the review date says so.
- Regulation (EU) 910/2014 (eIDAS) on electronic identification and trust services EUR-Lex · 23/07/2014
- Regulation (EU) 2024/1183, European digital identity framework (eIDAS 2) EUR-Lex · 11/04/2024
- Spanish Law 6/2020 on certain aspects of electronic trust services BOE-A-2020-14046 · 12/11/2020