Simple, advanced and qualified signature: the differences

The three levels defined by eIDAS

The European regulationeIDAS(n°910/2014) organizes the electronic signature into three levels, corresponding to increasing degrees of requirements in terms of identification of the signatory and solidity of the proof. Understanding these levels allows you to choose the appropriate signature for each document, without oversizing the process.

Level 1: simple electronic signature (SES)

Theresimple electronic signatureis the basic level. It corresponds to any manifestation of electronic consent: a click on “I accept”, a check box, an initial drawn on a touch screen.

• Requirements: clear consent, minimal identification (email)
• Evidence: low to medium, varies depending on the provider
• Use cases: quotes, purchase orders, internal agreements, general conditions
• Friction signatory: almost zero — the signatory does not create an account

The SES is sufficient for the vast majority of common commercial transactions where the risk of dispute is low. It remains legally valid, with the judge assessing the reliability of the process on a case-by-case basis.

Level 2: advanced electronic signature (AES)

Thereadvanced signingreinforces the identification of the signatory and establishes a unique link between him and the document. It is based on four criteria set by article 26 of eIDAS:

1. it is linked to the signatory in a unique manner
2. it allows the signatory to be identified
3. it is created with means that the signatory keeps under his exclusive control
4. it is linked to the document in such a way as to detect any subsequent modifications

In practice, the AES goes through adouble factor authentication: unique link sent by email + OTP code received by SMS. The final PDF includes a timestamp andaudit traildetailed.

• Use cases: employment contract, lease, mandate, commercial contract at stake, NDA
• Friction signatory: weak — an SMS code to enter in addition to the email
• Evidence: strong, rebuttable presumption of validity

Level 3: qualified electronic signature (QES)

Therequalified signatureis the highest level. It is based on aqualified certificateissued by a qualified trust service provider (QTSP) listed on the trust list of an EU Member State, and on a secure signature creation device (e.g. YubiKey, smart card).

• Legal value: equivalent to a handwritten signature throughout the EU
• Use cases: authentic deeds, public contracts, certain notarial deeds
• Friction signatory: high — face-to-face or video KYC identity verification
• Cost: significantly higher than the SES/AES

For most businesses, QES is rarely necessary on a day-to-day basis. It becomes essential when the law requires it (legal proceedings, certain public contracts) or when the contract has exceptional value.

Quick comparison table

Criterion | Simple | Advanced | Qualified

Identification | Email | Email + OTP SMS | Qualified certificate + identity verification

Legal value | Evidence to appreciate | Presumption of validity | Equivalent to EU handwritten signature

Friction | Almost zero | Low | High

Typical use case | Quotes, purchase orders | Employment contract, lease | Notarial acts, public contracts

Cost | Low | Moderate | Pupil

How to choose the right level

The simple rule:align the level with the issue of the document.

• If the document is challenged, what is at stake? A few hundred euros or a contract worth several tens of thousands?
• Is the relationship with the signatory known (historical customer) or unknown (first contact)?
• Does the document fall within a legal framework imposing a specific level (e.g.employment contract,lease) ?

As a general rule: SES for simple agreements, AES for everything relating to HR, real estate, finance, QES only when required by law.

Common errors

• Systematically take the QES“to reassure yourself”: unnecessary friction for the signatory, high cost, often oversized.
• Stick to the SES for everything: in the event of a dispute over an employment contract, the absence of strong authentication can weaken the proof.
• Confusing validation and signature: an acknowledgment of receipt is not a signature.

How Certyneo helps you

Certyneo natively supports simple (SES) and advanced (AES) levels, with dual OTP email + SMS via Twilio Verify for AES. For cases requiring a QES, Certyneo interfaces with several qualified European service providers (Docaposte Certigna, Universign, CertEurope) in order to trigger the qualified signature without changing the tool.

You can define the signature level document by document depending on the issue — or by template if you have industrialized a process.

Discover the Certyneo electronic signature solution

FAQs

Can I mix levels in the same envelope?

Yes. A multi-document envelope can include a quote signed in SES and a contract signed in AES, for example. Each signatory sees the authentication adapted to the document they must sign.

Is advanced signature recognized internationally?

In the EU yes, under the mutual recognition principle of eIDAS. Outside the EU, recognition depends on the local legal framework – to be verified according to the jurisdiction concerned.

Do I need a personal certificate to sign in AES?

No. The AES can be obtained without a prior personal certificate thanks to the double OTP. This is what makes AES very accessible, where QES requires a qualified certificate.

Is a qualified signature obligatory for an employment contract?

No. The employment contract accepts advanced signature (AES), which already offers a strong presumption of validity. For more details, seeelectronic signature of the employment contract.

How to check the level of a signed document?

Open the PDF in Adobe Acrobat Reader: the signature properties display the level, signer, and timestamp. You can also use aonline checker.

Conclusion

Choosing the right level of electronic signature means finding the balance between probative value and friction for the signatory. Start simple, take it up a notch when the legal issue requires it.

Try Certyneo to send, sign and track your documents online simply, quickly and securely.