SES (Simple Electronic Signature)
Definition
Frequently asked questions
What procedures constitute a simple electronic signature?
The eIDAS regulation defines simple signature very broadly: electronic data attached to or associated with other data and used by the signatory to sign. A checked box, a name typed on a keyboard, a signature drawn on screen or a code received by SMS fall within this definition, provided they express the intention to sign.
Is a simple signature admissible before a court?
Yes. Article 25 of the eIDAS regulation prohibits dismissing a signature as evidence solely on the ground that it is electronic or that it is not qualified. The judge therefore examines it. On the other hand, it benefits from no presumption: if contested, the person relying on it must demonstrate that the process used is reliable and that it properly identifies the signatory.
In what cases is a simple signature sufficient?
It is suitable for routine documents whose financial or legal stake is limited and for which the risk of dispute is low: quotations, purchase orders, acknowledgements of receipt, reports, internal agreements. The greater the commitment or the more distant the signatory, the more prudent it is to move to the advanced level, which links the signature to a verified identity.
How can you strengthen the probative value of a simple signature?
By documenting the context of the signature. A timestamped audit trail, the email address and IP address of the signatory, a one-time code sent to their phone, and the fingerprint of the signed document form a bundle of evidence. These elements do not create a legal presumption, but they allow a judge to be convinced of the reliability of the process.
Related guides
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