Signature level (simple, advanced, qualified)
Definition
Frequently asked questions
How do you choose the right signature level?
By crossing two criteria: what the law requires for the act in question, and the risk that the signature will be contested one day. A routine document with low stakes is satisfied with the simple level. An engaging contract, a lease or an employment contract justifies the advanced level. The qualified level is reserved for cases where a text requires it or for the highest stakes.
What exactly does advanced signature require?
Article 26 of the eIDAS regulation sets four conditions: the signature is linked to the signatory in a univocal manner, it enables their identification, it is created with data that the signatory keeps under their exclusive control, and it is linked to the document in such a way that any subsequent modification is detectable.
Does a higher level make the contract more valid?
No. The signature level does not change the validity of the contract itself, which depends on the consent of the parties. It determines how easily the signature can be proven. Outside cases where the law imposes a particular form, a simple signature is as binding as a qualified signature; it is only more exposed in case of dispute, because the burden of proving its reliability falls on the person relying on it.
Can different levels be used in the same document?
Yes. Nothing requires all signatories to sign at the same level. It is common for one party to sign at the qualified level, because a professional rule requires it, while the others sign at the advanced level. Each signature is then evaluated separately, according to the level of assurance it provides.
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