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Glossary

eIDAS

Also called: eIDAS Regulation

eIDAS is the EU regulation establishing a framework for electronic identification and trust services. It defines three tiers of electronic signature — simple, advanced and qualified — of which only the qualified tier is given automatic legal equivalence to a handwritten signature across every member state.

eIDAS explained

The three tiers

Simple. Any data in electronic form attached to or logically associated with other data and used by the signatory to sign. A typed name or a click qualifies.

Advanced. Uniquely linked to the signatory, capable of identifying them, created using data under their sole control, and linked to the signed data such that any later change is detectable.

Qualified. An advanced signature created with a qualified signature creation device, based on a qualified certificate issued by a trust service provider on the EU trusted list.

What the tiers actually mean legally

Only the qualified tier has automatic equivalence to a handwritten signature across every member state. The other two are admissible and cannot be denied legal effect solely for being electronic — which for ordinary commercial contracts is generally sufficient.

Which tier a transaction needs

Almost always the simplest one that satisfies the applicable national law. Specific instruments — certain property transfers, succession documents, some employment and notarial acts — require qualified signatures in particular member states, and those requirements are national rather than harmonised.

The practical point

Disputes turn on evidence more often than on tier. A simple signature with a complete record of who signed, when, from where and against which version is frequently more defensible than an advanced signature with poor records.

FAQ

eIDAS: common questions

Do we need qualified signatures for commercial contracts?

Rarely. Simple or advanced is normally sufficient, and the qualified tier exists for instruments where national law specifically requires it. Take local advice for anything unusual.

Does the UK still follow eIDAS?

The UK retained a version of it after leaving the EU, with its own trusted list. The tier structure is the same; mutual recognition between the two regimes is the part that differs.

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