In the digital age, electronic signatures have become essential for streamlining contractual processes and document validation across industries. There are several types of electronic signatures, each serving specific legal and procedural purposes. Among these, Qualified Electronic Signatures (QES) and Simple Electronic Signatures (SES) are widely used but often confused. This article explores the key differences between these two forms of electronic signatures, focusing on their legal implications, use cases, and technical requirements.

What are Simple Electronic Signatures (SES)? #

A Simple Electronic Signature (SES) is a broad category that includes any electronic data that signifies an agreement or approval of document contents by the signatory. This can include typed names, clicked checkboxes, or digital signatures created using standard software. The defining characteristic of an SES is its simplicity and minimal technical requirements.

SES are generally used for low-risk agreements where the authenticity of the signature does not necessarily require stringent verification. Examples include internal company documents, routine service agreements, and other non-critical contracts.

Key Features of SES:

• Ease of Use: SES can be generated and applied with minimal technical know-how and using basic electronic devices.
• Low Assurance: Provides minimal assurance about the signer’s identity and the integrity of the signed document.
• Flexibility: Widely accepted for non-critical business transactions and internal documents.

We published a sample form requiring a Simple Electronic Signature on: https://eforms.aloaha.com/pdfforms.aspx?fid=ses

What are Qualified Electronic Signatures (QES)? #

Qualified Electronic Signatures are a subset of electronic signatures that meet the highest standards set by regulations such as the eIDAS regulation in the European Union. A QES must be created using a qualified signature creation device (QSCD) and backed by a qualified certificate for electronic signatures. This certificate must be issued by a recognized Trust Service Provider (TSP).

QES are designed for transactions that require high levels of trust and security, such as legal agreements, government documents, and financial transactions. They are legally equivalent to handwritten signatures across member states of the EU, offering the highest assurance level of the signer’s identity and the integrity of the signed document.

To apply a QES to a PDF Document is very straight forward using our CodeB Signature Server together with the CodeB Authenticator App. Read more on: https://www.win-logon.com/codeb-signature-server/

Key Features of QES:

• High Security: Uses secure signature creation devices that ensure the signature is protected against forgery.
• Strong Authentication: Involves stringent identity verification processes by certified authorities.
• Legal Equivalence: Recognized as equivalent to a handwritten signature in many jurisdictions, providing substantial legal weight.

Comparing SES and QES #

1. Legal Recognition:

• SES: Offers basic legal recognition and is generally accepted for low-risk transactions.
• QES: Provides extensive legal recognition, equivalent to that of handwritten signatures, making them suitable for more significant transactions.

2. Security Level:

• SES: Basic security features, primarily relying on the signer’s declaration.
• QES: Advanced security measures, including encryption and secure storage, ensuring high levels of data integrity and non-repudiation.

3. Use Cases:

• SES: Suitable for internal documents, informal agreements, or when laws do not demand a higher level of signature.
• QES: Required for high-stake agreements, such as real estate transactions, government filings, and large-scale financial agreements.

4. Cost and Implementation:

• SES: Typically incurs lower costs and is easier to implement across various platforms.
• QES: Involves higher costs due to the need for specialized technology and services from certified providers.

Conclusion #

The choice between a Qualified Electronic Signature and a Simple Electronic Signature largely depends on the legal, security, and business requirements of the transaction involved. While SES provides a quick and easy solution for many everyday business needs, QES offers the assurance and legal backing needed for more sensitive and significant transactions. Understanding these differences is crucial for organizations to implement the appropriate electronic signature technology that aligns with their specific needs and compliance requirements.