SES, AES or QES: which eIDAS level for which document?
The factual decision tree to choose the right e-signature level by document type. 15 use cases, 3 eIDAS levels, one enforceable legal reference per recommendation.
The decision tree in 2 questions
Two yes/no questions point you to the right eIDAS level. Recommendations are grounded in the eIDAS regulation, the French Civil Code, and sector-specific laws.
Q1: does your document have legal value beyond simple commercial proof?
No — quotes, NDAs, purchase orders, T&Cs
→ Simple signature (SES) — Civil Code 1366 probative value
Yes — employment contract, lease, engagement letter, mandate
→ Go to question 2
Q2: is your document subject to an 'authentic-deed' requirement or face-to-face signer identification?
No — most high-stakes contracts (open-ended employment, leases, sale mandates)
→ Advanced signature (AES) — SMS ID + eIDAS audit trail
Yes — professional SEPA mandate, Scrivener mortgage, bar-registered lawyer deed
→ Qualified signature (QES) — eIDAS Annex IV certificate
The 3 eIDAS levels and their use cases
For each level, here are the classic use cases with their enforceable legal reference. Click a case for the matching sector landing.
Level 1
SES — Simple signature
Baseline electronic signature defined in eIDAS art. 26. Civil Code 1366 probative value as long as the author is identified and document integrity guaranteed.
Ideal for 95% of commercial documents: quotes, NDAs, purchase orders, T&Cs.
Level 2
AES — Advanced signature
Reinforced level (eIDAS art. 26) with SMS or ID-based authentication, detailed audit trail and a signature certificate tied to the author.
Recommended for high-stakes contracts: employment, leases, engagement letters, sale mandates.
Employment contract (open-ended, fixed-term)
Code du travail L1221-1
Residential lease
Loi du 6 juillet 1989
Commercial 3-6-9 lease
Code de commerce L145-1
Mutual employment termination
Code du travail L1237-11
Business account opening
Code monétaire L312-1-1
Accountant engagement letter
Décret 2012-432 art. 151
Real estate sale mandate
Loi Hoguet art. 6
Level 3
QES — Qualified signature
Maximum level (eIDAS art. 28, Annex IV) with a qualified certificate from a provider on the EU LOTL. Presumed authentic-deed status.
Mandatory for professional SEPA mandates, Scrivener mortgage files, bar-registered lawyer deeds.
How to cite this decision tree
This infographic is licensed CC BY 4.0. Reuse it in articles, training, or documentation by citing the source.
Source: Certyneo — eIDAS Decision Tree 2026. https://certyneo.com/en/infographies/arbre-decision-niveau-eidasCreative Commons Attribution 4.0 International (CC BY 4.0)
Methodology
The 15 use cases were classified by cross-referencing the 2014 eIDAS regulation (EU 910/2014), eIDAS 2.0 (EU 2024/1183), French Civil Code articles 1366 and 1367, and sector-specific laws (Labor Code, Hoguet law, Scrivener law, Monetary Code). Each case has its enforceable reference.
Go further
Which eIDAS level for your case?
Our solution covers all three SES / AES / QES levels — try it for free.