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The difference between simple and qualified time stamping, its legal value under eIDAS and its practical use cases are as follows.
Electronic timestamping associates a certain date and time with a data item (document, signature) in order to establish proof that the data item existed at that specific time.
The European eIDAS Regulation (EU) No 910/2014 defines electronic time stamping in Article 3 and sets out Articles 41 and 42 as such.
In practice, once a document is time-stamped, any subsequent modification breaks the imprint and invalidates the time-stamp . This is what makes it a proof of robust integrity, which can be challenged over time.
eIDAS distinguishes two levels, with different legal effects.
According to Article 41 of eIDAS, the legal effect and admissibility of an electronic time stamp cannot be refused on the sole ground that it is in electronic form.
Issued by a qualified trust service provider (QTSP), it has a presumption of date and time accuracy and data integrity (Art. 42 eIDAS).
Time stamping meets three major legal and operational needs:
Every document signed via Certyneo is timestamped to the RFC 3161 standard by a third-party timestamping authority, and its fingerprint is sealed in the evidence file, alongside the audit trail (identity, IP, OTP). The signature date can thus be verified by a third party, and any change to the document detected.
This RFC 3161 timestamp is not a qualified timestamp. Only the latter, issued by a qualified trust service provider (QTSP), benefits from the presumption of accuracy of the date and time set out in Article 41 of eIDAS. For a qualified signature (QES), the qualified provider applies its own timestamp inside the PDF.
A simple time stamp cannot be denied any legal effect on the ground that it is electronic (Article 41 eIDAS), but it is not presumed to have any effect.
Yes. eIDAS recognises electronic timestamping as a trusted service. Qualified timestamping has the strongest probative value because of its legal presumption; simple timestamping remains an acceptable element of evidence.
RFC 3161 is the international technical standard that describes the Time-Stamp Protocol. A timestamp service signs the document's imprint with a time stamp from a reliable time source.
Yes. The time stamp seals the hash of the document at a given moment. Any subsequent modification changes the fingerprint and invalidates the time stamp it is a proof of integrity in time.
The advanced electronic signature incorporating a time stamp is sufficient for the vast majority of contracts. Qualified time stamping is recommended for the highest evidence stakes and long-term preservation.
SES, AES, QES: understanding the three signature levels and the European framework.
Read the guideKeep your signed documents as evidence for the legal period.
Read the guideCertification authorities, qualified certificates and chain of trust.
Read the guidePreserve your time-stamped documents with probative value, in an immutable and enforceable manner.
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Qualified eIDAS timestamping confers a certain and enforceable date on any electronically signed document. Understanding how it works is essential for any organisation wishing to secure its digital evidence.
What is electronic timestamping, how it works, when it is qualified, and why it secures your signatures.