Compliance

Simple, advanced or qualified: eIDAS e-signatures for sales

Simple, advanced or qualified? How the eIDAS e-signature levels differ, which one fits sales documents, and what makes a simple signature hold up.

OV

OVOKY Team

· 5 min read

The EU's eIDAS Regulation recognizes three levels of electronic signature: simple, advanced and qualified. All three can have legal effect and be used as evidence, but only a qualified signature is automatically equivalent to a handwritten one. For sales teams, choosing a level is mostly about what you will need to prove later: who signed, what they signed and when.

What eIDAS says about electronic signatures

eIDAS is Regulation (EU) No 910/2014. Its signature rules have applied across the EU since July 2016, and it was revised in 2024 by Regulation (EU) 2024/1183. Because it is a regulation rather than a directive, the same definitions apply directly in every member state.

Three principles matter for sales documents:

  1. An electronic signature cannot be denied legal effect, or refused as evidence in court, only because it is electronic or because it does not meet the requirements for a qualified signature.
  2. A qualified electronic signature has the same legal effect as a handwritten signature.
  3. A qualified signature based on a qualified certificate issued in one member state is recognized as qualified in all the others.

Much of the rest, including which contracts need a particular form and how courts weigh evidence, is left to national law. That is why the same document can be treated differently in France, Belgium or Germany.

Simple electronic signatures

eIDAS defines an electronic signature broadly: data in electronic form, attached to or logically associated with other electronic data, which the signatory uses to sign. Typing a name, ticking a box, clicking to accept, drawing a signature on a screen: all of these can count.

Because the definition is so open, a simple signature says nothing by itself about who signed. Its strength comes entirely from the process around it: how the signer was identified, how the document was protected from changes and what record was kept. A well-run simple signature with good evidence can be far more convincing than a scanned signature pasted into a PDF.

Advanced electronic signatures

An advanced electronic signature is an electronic signature that also meets four requirements set by eIDAS:

  1. It is uniquely linked to the signatory.
  2. It is capable of identifying the signatory.
  3. It is created using signature creation data that the signatory can, with a high level of confidence, use under their sole control.
  4. It is linked to the signed data in such a way that any later change to the data is detectable.

Providers usually meet these requirements with a digital certificate issued to the signer after an identity check, such as a check of an identity document. Whether a particular process truly meets the bar is a question of design and, in a dispute, of evidence.

Qualified electronic signatures

A qualified electronic signature is an advanced signature that is also:

  • created with a qualified signature creation device, and
  • based on a qualified certificate for electronic signatures, issued by a qualified trust service provider that appears on an EU member state's trusted list.

The trust service provider verifies the signer's identity before issuing the certificate, in person or through an accepted remote method. That is what earns the qualified level its equivalence with a handwritten signature in every member state. The 2024 revision also introduced European Digital Identity Wallets, which are expected to make qualified signatures easier for individuals to use over the coming years.

The three levels side by side

SimpleAdvancedQualified
What eIDAS requiresElectronic data the signer uses to signUniquely linked to and identifies the signer, under their sole control, detects later changesAn advanced signature plus a qualified certificate and a qualified creation device
Typical identity checkEmail link, SMS codeVerified identity tied to a certificateIdentity verified by a qualified trust service provider
Legal effectAdmissible as evidence; weight depends on the proof you keepAdmissible as evidence; stronger proof of identity and integritySame effect as a handwritten signature across the EU
Effort for the signerLowestMediumHighest today

Choosing a level for sales documents

In many EU countries, most commercial contracts don't require a particular form, so businesses commonly use simple signatures backed by good evidence for:

  • quotes, order forms and purchase confirmations,
  • B2B service agreements and renewals,
  • authorizations and acknowledgments from customers,
  • consent forms.

Consider an advanced or qualified signature when:

  • the contract is high in value or likely to be disputed,
  • the law or a sector regulator requires a specific level for that document,
  • your counterparty or their compliance team asks for it.

Some documents can't be signed electronically at all in certain countries, or need a notary, such as some property transactions. For telesales to consumers, check the national rules on confirming phone sales: in some countries, an offer made over the phone only binds the consumer once they confirm it in writing or electronically. A signing step after the call gives you that confirmation in a form you can store.

A typical telesales flow with a simple signature looks like this:

  1. The agent agrees the offer with the customer on the call and confirms their email address and mobile number.
  2. The agent sends the contract while the customer is still on the line or right after the call.
  3. The customer opens the link, reads the documents and enters a one-time code sent to their phone.
  4. The customer signs, and the signed PDF is sealed and timestamped.
  5. The signed file, the audit trail and the call history are stored together on the customer record.

Each step adds to the evidence: the code ties the signature to the phone number confirmed on the call, and the seal and timestamp fix what was signed and when.

What makes a simple signature hold up

If you rely on simple signatures, the evidence is everything. Before rolling out a signing flow, check that it captures:

  • Identity. How the signer was linked to a real person: an email link sent to a known address, a one-time code sent by SMS to a known number, or both.
  • Intent. A clear signing action and a clear statement of what is being signed.
  • Integrity. A seal over the final document, so any later change is detectable.
  • Time. A trusted timestamp, for example in the RFC 3161 format, issued by a time-stamping authority.
  • Audit trail. Who received, opened, viewed and signed each document and when, stored in a way that reveals tampering.
  • Retention. The signed file and its evidence kept for as long as you might need them.
  • Consistency. The same documented process every time, so you can explain it to a court or an auditor.

How OVOKY's e-signature works

OVOKY e-signature provides simple electronic signatures under eIDAS. It does not issue qualified signatures; for documents that require one, use a qualified trust service provider.

What it covers:

  • Envelopes with several PDFs, four recipient roles and sequential or parallel signing.
  • Seven field types, with signatures the signer can draw, type or upload.
  • Signer checks by email or by a code sent by SMS.
  • An audit trail of 18 event types, chained by hashes so changes are detectable.
  • A sealed PDF (PAdES) with an RFC 3161 timestamp.
  • Signing in English, French and Dutch.

Because e-signature is part of OVOKY, agents in outbound sales teams can send a contract from the CRM in their agent workspace while the customer is still on the line, without a separate tool.

  • e-signature
  • eIDAS
  • contracts
  • sales
Share

Questions readers ask

Short answers to what teams ask us most. Something else on your mind? Talk to us

  • It can be. eIDAS says an electronic signature cannot be denied legal effect or refused as evidence just because it is electronic or not qualified. Its weight depends on the evidence you keep about who signed and how.

  • A qualified signature is an advanced signature that also uses a qualified certificate and a qualified signature creation device. Only the qualified level has the same legal effect as a handwritten signature across the EU.

  • No. OVOKY provides simple electronic signatures with a sealed PDF, an RFC 3161 timestamp and a hash-chained audit trail. For documents that require a qualified signature, use a qualified trust service provider.

  • A standard format for a signed timestamp issued by a time-stamping authority. It shows that a document existed in a given state at a given moment.

Bring every customer conversation into one place

Calls, SMS, WhatsApp, email and chat in one inbox, on one invoice. Start with one team, then grow.