QES (Qualified Electronic Signature)
Definition
Frequently asked questions
Why is qualified signature the highest level?
Because it is the only one to which the eIDAS regulation attaches an automatic legal effect: its article 25 gives it the same value as a handwritten signature, and each Member State must recognize a qualified signature issued in another. Under French law, it also benefits from a presumption of reliability: it is for the person contesting it to prove that it is defective.
What conditions must a signature meet to be qualified?
Three cumulative conditions. It must first meet the requirements of an advanced signature. It must then be based on a qualified certificate, issued by a qualified trust service provider after verification of the signatory''s identity. It must finally be created by means of a qualified signature creation device, which protects the private key.
Must identity verification be done in person?
Not necessarily. The eIDAS regulation permits physical presence, but also remote identification methods offering equivalent assurance, such as video verification or the use of a high-level electronic identification means. This is what today allows obtaining a qualified signature entirely online.
When is qualified signature really necessary?
When a text requires it or when the stakes justify reversing the burden of proof. This is the case for certain public procurement, administrative procedures and deposits with official registers, as well as high-value or cross-border transactions. For the majority of ordinary contracts, the advanced level offers a sufficient balance between security and simplicity.
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