O que é a assinatura eletrónica qualificada na Europa?

sproof: Fornecedor de assinaturas electrónicas qualificadas

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Zuletzt geändert am: Junho 12, 2024
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The qualified electronic signature (QES) is 100% legally valid throughout Europe and is the only digital signature that is equivalent to a handwritten signature. This article briefly and concisely answers all the important questions from the introduction to the application of QES.

What is a qualified electronic signature?

The qualified electronic signature, often referred to as QES, is a type of electronic signature that is equivalent to a handwritten signature according to the eIDAS Regulation (EU Regulation No. 910/2014).

It provides a legally valid and tamper-proof way to sign digital documents and ensure the integrity and authenticity of the signer’s identity across borders.

In contrast to simple electronic signatures, which are based on images or text and can be easily forged, a QES is considered forgery-proof. It is issued by a qualified certificate authority and uses cryptographic techniques to confirm the identity of the signer and protect the signed document from subsequent changes.

Digitale Signatur
Source: https://u.sproof.com/eshtY

Caution is advised. Above all, contracts with a high liability risk or high negotiation value should definitely be signed electronically in a qualified manner!

In 2021, an ÖBB contract with Stadler Rail worth an estimated 400 million euros was declared invalid by the Federal Administrative Court. The reasoning. The signature was not qualified in the sense of the eIDAS Regulation and therefore not legally valid. The most spectacular case so far.

How does the qualified electronic signature work?

The qualified electronic signature essentially works like a digital seal of approval.

When a document is electronically signed with a QES, a unique digital fingerprint is generated that is 100% unique and tamper-proof for both the document and you as the signer.

This fingerprint is attached to the document in encrypted form along with your other data.

Any manipulation of the document after signing will result in an invalid signature.

But don’t worry: the technical encryption runs invisibly in the background for you.

Would you like to know in detail how a qualified electronic signature works technically? Then we recommend our article: How does the qualified electronic signature work?

How does the qualified electronic signature work in the application?

Step 1: Identification with a trust service provider (if you don’t already have an eID):
Many signature platforms (such as sproof sign) include identification for QES in their range of services.

Digitale Signatur
Source: sproof

Step 2: Attach the digital signature card to the document to be signed:
Upload the document you want to sign and customize your digital signature card.

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Step 3: Authentication:
Release the qualified signature with your second verification factor. This often works with an additional app or an SMS tan. You may be familiar with this from online banking.

With the identification, you create your digital identity once (valid for 5 years). You will receive your credentials to an app that allows you to authenticate each signature.

How do you get a qualified electronic signature? In a few minutes to your identification.

Any natural person can obtain a qualified electronic signature simply by identifying themselves with a state-recognized body. This creates your so-called digital identity, also known as eID or eIdentity.

Your biometric and personal data is clearly linked to your person.

With a signature platform like sproof sign, identification can be done directly via video call and takes about 10 minutes. It is carried out by trained personnel. All you need is your

You will receive your digital key, which you can now use to carry out important digital processes such as the electronic signing of documents.

You protect yourself from identity abuse and identity theft on the Internet!

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Many German citizens already have identification with D-Trust and many Austrian citizens have a mobile phone signature or ID-Austria. With sproof sign, existing identifications can be used directly for the QES.

Europe has a great interest in enabling business processes nationwide through a secure digital identity. Therefore, there are many different governmental and non-governmental providers of trust services. More on this in this baseline study.

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sproof sign has already directly integrated many of the most important European e-ID providers thanks to a special interface. You can find an overview here →

Does Qualified Electronic Signature (QES) make sense in your company? Talk to our experts

Legal basis of the qualified electronic signature

Qualified electronic signatures are regulated throughout Europe by the eIDAS Regulation (No. 910/2014), which provides a standardized legal framework throughout the European Union.

This regulation ensures the interoperability of electronic signatures and guarantees their legal recognition.

As mentioned earlier, the QES uses advanced encryption and authentication measures to ensure the integrity and confidentiality of the signed documents.

The QES as an alternative to other digital signature standards.

Basically, a distinction is made between three valid standards for electronic signatures in Europe.

Electronic signatures (QES, FES and EES) have different legal validity depending on the type of contract and the law.

The EES is used for low risk and is suitable for informal documents. Legally, this form is not binding.

The FES applies to informal contracts such as rental or purchase agreements.

The qualified electronic signature (QES) strengthens contracts and meets written form requirements, e.g. in the case of loan or employment contracts with a non-competition clause.

When is the qualified electronic signature required?

In principle, the qualified electronic signature is always required if:

1. national law requires the written form:
The qualified electronic signature offers the possibility of completely replacing the handwritten signature.

2. Operational or business risks exist:
In addition to the legal requirements, the decision for a particular digital signature standard depends on an individual assessment of possible risks, which in turn is made depending on liability considerations and the scope of the contract.

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Decision support: Which e-signature standard is the right one for which document?

Decision support: Which e-signature standard is the right one for which document?

1A. Moderate risk + freedom of form:
Basically, you decide for yourself which e-signature standard you want to use to sign if a contract complies with the “freedom of form”. We always recommend signing at least with the advanced electronic signature (FES) to achieve a good middle ground of security and bindingness. The contract is thus legally signed.

1B: High Risk + Freedom of Shape:
Attention: You can sign the contract practically as you wish, but for contracts with a high liability risk, we recommend the qualified electronic signature!
Only the QES is equated with the handwritten signature by EU-wide law.

2. Written form:
For certain contracts, QES is required by law and there is no wiggle room as to which e-signature standard you can choose.

3: E-signature excluded:
A rarity: There are very few contracts for which you still have to sign by hand. QES cannot be used here either.
Our opinion: It is only a matter of time before the laws are adapted in such a way that all documents can be signed electronically without exception in the interests of the environment and the economy.

We have summarized the legal requirements and framework conditions in detail in this article .

For which industries is QES suitable?

For some industries, such as the legal and tax sector, public administration or banking and finance, but also the healthcare sector, the qualified electronic signature is a fundamental prerequisite for the necessary binding nature of decisions made.

Here are some well-known customers of sproof sign with the highest requirements for security and compliance, who talk about their use cases with the qualified signature:

Bank Gutmann (Banking)
Binder Grösswang (Law Firm)
Kyocera (Company)
Federal Accounting Agency (Public Administration)
Teleclinic (healthcare).

How do I recognize a qualified electronic signature? Verifiability and verification.

There are several ways to verify the validity of the applied signatures (your own, but also that of the signatures obtained).

1. Check the validity of the QES directly with the e-signature tool

With some platforms, such as sproof sign, signature verification is directly integrated. This allows the following quality criteria of a qualified electronic signature to be directly verified. Here’s how you can validate e-signatures directly in sproof sign.

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Trust Service Provider Certificate: The signature is based on a certificate issued by a recognized Trust Service Provider. This certificate confirms the identity of the signer and the validity of the signature.

Seal of approval and time stamp: The signature is often accompanied by a seal of approval that contains further information about the signature. A timestamp indicates when the signature was created.

Visible signs: In some cases, the qualified electronic signature can be displayed visually in the document, e.g. through a special signature field.

Reference to legal provisions: In the document or in the accompanying communication, reference is made to the legal recognition of the qualified electronic signature in accordance with the relevant laws and regulations.

2. Checking the QES in Acrobat Reader

The pdf reader from Acrobat is probably one of the most widely used office tools on the market. Of course, Acrobat Reader enables a directly integrated verification of digitally applied signatures. It doesn’t matter which signature tool you used to apply your electronic signatures.

3. Audit of QES at RTR

RTR’s signature verification service is also established in German-speaking countries.

Advantages of the qualified signature for European companies

Integrating qualified electronic signatures into your business processes is easy. Easy-to-use, one-stop signature platforms specialize in both creating and managing digital signatures. You can securely sign internal and external contracts online and exchange them with customers, partners and supervisory authorities.

1. Increased security: The QES offers a high level of security and minimizes the risk of counterfeiting or unauthorized access.

2. Legally binding: Documents signed with a QES have the same legal status as their paper counterparts and are therefore enforceable.

3. Time and cost savings: Say goodbye to printing, scanning and sending documents. QES accelerates processes and reduces operating costs.

We would be happy to calculate the return on investment for the introduction of a digital signature platform with you. Find out more →

4. Environmental impact: Adopting QES contributes to paperless operations and reduces your environmental footprint. According to a recent, unpublished study by Swisscom Trust Services Ltd , the digital signature causes only 0.001 kg of CO2 per contract. Compared to wet signature (0.087kg CO2 per contract), total climate-damaging emissions can be reduced by a factor of 50.

5. Global recognition: QES is recognized throughout the European Union and in many other countries, which simplifies cross-border transactions.

5 crucial questions when choosing a (QES) signature platform

European e-signature platforms have mostly specialized in qualified electronic signatures. For more commitment and certainty in critical decisions in the European judicial area.

Foto_Clemens_Brunner_CEO_sproof

These are the questions that decision-makers in your company should ask themselves when it comes to introducing the qualified electronic signature.

1. Is QES identification included in the license?

A simple identification option ensures a smooth start with the qualified signature. sproof sign works with reliable partners and offers its own qualified electronic signature directly in the application.

The eID provider is deeply integrated and enables so many important power features such as the legally valid signing of several documents with just a few clicks (batch signature).

2. Are other eID providers integrated?

If a sensitive document is to be qualified by business partners, it is an enormous time saver if existing identifications with trust service providers such as ID Austria, D-Trust or Swisscom’s QES are directly available for selection.

Mockup_sproof_QES_Hub

3. Can team members be optionally equipped with the QES?

It should be possible for the administrator of a plan to provide team members with identification plus a qualified electronic signature as needed. sproof sign is particularly flexible here and rights management is possible directly in the platform.

Mockup_sproof_Lizenzen_Team

4. Is QES signature verification directly integrated?

It saves you a lot of time if you and your Plan members can directly check the validity of signatures issued and obtained for legal validity.

5. Is it possible to download a test report?

Once the signing and approval process has been completed, an audit report allows for maximum transparency.

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Conclusion: It’s about time. Sign your documents in a legally valid manner with the qualified electronic signature.

In a world shaped by digitalization, qualified electronic signatures are a sign of technological progress and legal innovation.

As you embark on your journey into the world of qualified electronic signatures, remember that adopting this transformative technology is not only a step towards efficiency, but also a commitment to a more sustainable and environmentally friendly future.

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