Are electronic signatures legal in the European Union?

What does eIDAS say?

eIDAS is a regulation, so it applies directly in all 27 member states without national transposition. Article 25(1) is the general rule: an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is electronic or does not meet the requirements for qualified electronic signatures. Article 25(2) gives a qualified electronic signature the equivalent legal effect of a handwritten signature, and Article 25(3) makes a qualified signature issued in one member state valid in all of them.

Regulation (EU) 2024/1183, often called eIDAS 2, entered into force on 20 May 2024. It added the European Digital Identity Wallet and new trust services, and it lets wallet users create qualified signatures. The three signature levels and Article 25 stay in place.

Simple, advanced and qualified: what each needs

Article 3 defines the three levels, and the difference between them is about proof of identity and integrity, not about whether the signature binds.

• Simple electronic signature (Article 3(10)): data in electronic form attached to or logically associated with other data and used by the signatory to sign. A drawn signature or a click can qualify.
• Advanced electronic signature (Article 26): uniquely linked to the signatory, capable of identifying them, created with signature-creation data the signatory can use under their sole control, and linked to the signed data so that any later change is detectable.
• Qualified electronic signature (Article 3(12)): an advanced signature created with a qualified signature creation device and based on a qualified certificate issued by a qualified trust service provider on a national trusted list. Issuing the certificate requires identity verification under Article 24.

Where national law still decides the form

eIDAS tells courts not to reject a signature because it is electronic. It does not override national rules on form. Each member state decides which documents need writing, a notarial deed or a qualified signature, and those rules vary a great deal.

Germany is a good example. Section 126a of the BGB lets a qualified electronic signature replace a statutory written-form requirement, so a simple signature will not do where the law demands written form. Section 623 BGB goes further and excludes the electronic form altogether for terminating an employment relationship. France takes a similar line in articles 1366 and 1367 of the Civil Code: electronic writing has the same evidential force as paper, and a qualified signature carries a presumption of reliability. Property transfers in most member states go through a notary, and wills follow national succession law.

What courts weigh, and the evidence to keep

Because Article 25(1) stops a court from rejecting a simple signature for being electronic, a dispute comes down to evidence: who signed, when, and whether the file has changed since. A qualified signature shifts that burden, since the law treats it like a handwritten one. With a simple or advanced signature, the party relying on it has to show the court the trail.

Keep the sealed PDF, a record of how each signer was identified, timestamps, IP and device data, and a hash of the original document. A qualified electronic timestamp from a trust service provider also benefits from a presumption of accuracy under Article 41(2).

Where Sign PDF fits

Sign PDF creates simple electronic signatures under eIDAS, backed by email code verification, explicit consent to sign electronically, a certificate of completion with each signer's IP address, device and UTC times, a SHA-256 fingerprint and a hash-chained audit trail. The finished file is sealed with a digital signature and a DigiCert timestamp, so later edits are visible in any PDF reader. That is the kind of evidence Article 25(1) asks courts to consider.

We do not issue qualified electronic signatures and we are not a qualified trust service provider. If German law requires written form, or a contract, regulator or public body asks for a QES, use a qualified provider instead. For commercial contracts, NDAs, purchase orders and most HR paperwork across the EU, a simple signature with a good audit trail is what most businesses use. This page is general information, not legal advice; check the national rules with a local lawyer for anything regulated.