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Time stamping guide

The time stamp electronic

Updated on the

The difference between simple and qualified time stamping, its legal value under eIDAS and its practical use cases are as follows.

What is an electronic time stamp?

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.

Simple time stamping vs qualified time stamping

eIDAS distinguishes two levels, with different legal effects.

Electronic time stamping (simple)

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.

Qualified electronic time stamping

Issued by a qualified trust service provider (QTSP), it has a presumption of date and time accuracy and data integrity (Art. 42 eIDAS).

What's the electronic time stamp for?

Time stamping meets three major legal and operational needs:

Proof of priority: to prove that a document, creation or agreement existed before a given date (intellectual property, deposit, contract).
Time integrity: demonstrates that a file has not been modified since its time stamping.
Strengthening of the electronic signature: the time stamp seals the moment of signature and allows long-term storage (PAdES-LTV formats).
Evidence archiving: combined with electronic archiving, it guarantees the dating of the documents kept.
Regulatory compliance: records, records and evidence subject to reliable dating requirements.

The time stamp at Certyneo

Each document signed via Certyneo is time stamped and stamped in the eIDAS evidence file, alongside the audit trail (identity, IP, OTP).

For the most demanding needs, qualified timestamping from a qualified trust service provider (QTSP) allows the presumption of accuracy provided for in Article 42 of eIDAS and the long-term retention of signatures.

Frequently Asked Questions

What's the difference between simple and qualified time stamping?

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.

Does electronic time stamping have legal value?

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.

What is RFC 3161?

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.

Does the time stamp prove that my document has not been altered?

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.

Do you need a qualified time stamp to sign a contract?

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.

Time-stamped and opposable signatures

Every document signed with Certyneo is time stamped and accompanied by an eIDAS proof file.

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