Simple, advanced or qualified: which e-signature do you need, and how do you get one?

An electronic signature can be as simple as a typed name or a click on "I accept", or as strong as a certificate-based signature made with a smart card. US law treats all of these as signatures if they are made with the intent to sign (15 U.S.C. §7006(5)). EU law, and UK law, which kept the same regulation, distinguish three levels: simple, advanced and qualified (eIDAS Art. 3 and 26). Only a qualified electronic signature has, by law, the same effect as a handwritten one (Art. 25(2)), and you get it from a qualified trust service provider after an identity check. For most quotes, orders and service contracts a simple or advanced signature is enough; a qualified one matters where a national law requires written form or the other party insists on it.

The three levels at a glance

A qualified certificate can only be issued by a qualified trust service provider (QTSP): a provider that has been granted qualified status by a national supervisory body (Art. 3(15) and 3(20)).

United States: intent matters, not the technology

The federal ESIGN Act says a signature or contract "may not be denied legal effect, validity, or enforceability solely because it is in electronic form" (15 U.S.C. §7001(a)(1)). State law follows the Uniform Electronic Transactions Act (UETA), under which an electronic signature satisfies a legal requirement for a signature (UETA §7(d)). According to the Uniform Law Commission, 52 jurisdictions have enacted UETA; New York is the one that has not.

Two practical points follow. First, UETA applies only between parties who have agreed to conduct transactions electronically, although that agreement can follow from the circumstances (§5(b)). Second, US law has a single, broad concept of electronic signature: there is no licensing of signature providers and no "qualified" tier. What you need is proof. A signature is attributable to a person if it was their act, and that "may be shown in any manner" (§9(a)). Keep a record of who signed, when, and which version of the document.

United Kingdom: any form that shows intent to authenticate

In England and Wales, an electronic signature is admissible in evidence (Electronic Communications Act 2000, s.7), and the UK kept the eIDAS rules on legal effect, including the equivalence of a qualified signature with a handwritten one (UK eIDAS Art. 25). The Law Commission's statement of the law is that an electronic signature can be used to execute a document, including a deed, if the signer intends to authenticate it and any formalities for that document are met (Law Com No 386). Courts have accepted a name typed in an e-mail and an "I accept" tick box, so for ordinary commercial contracts the choice of tool is mostly about evidence and convenience.

The formalities are where the exceptions sit: a deed signed by an individual needs a witness who, in the Law Commission's view, must be physically present. We cover these cases in where e-signatures are valid and where they are not.

European Union: three levels, national form rules

eIDAS (Regulation (EU) No 910/2014, as amended by Regulation (EU) 2024/1183) applies directly in every Member State. An electronic signature cannot be denied legal effect or admissibility as evidence solely because it is electronic or not qualified (Art. 25(1)), and a qualified signature based on a qualified certificate issued in one Member State is recognised as qualified in all the others (Art. 24a(1)).

What eIDAS does not do is decide which contracts need which signature. The Regulation expressly leaves Union and national law on the conclusion and validity of contracts and on form untouched (Art. 2(3)). Germany is a clear example: where the law prescribes written form and you want to use electronic form instead, the document must carry a qualified electronic signature (German Civil Code, BGB §126a).

Which one do you need?

• Quotes, orders, service contracts, NDAs: in the US, the UK and under the EU general rule, a simple electronic signature is legally sufficient. Put your effort into the evidence record.
• Contracts you may have to defend: an advanced signature is tied to one person and shows any later change to the file (Art. 26), which makes a dispute about "who signed what" much easier to settle.
• Documents that a national law requires in writing, or where the other side asks for it: in the EU, use a qualified signature, and check the rules of the country whose law governs the contract.
• Wills, deeds and some family-law documents: special rules apply whatever the signature level, and some cannot be signed electronically at all. See the exceptions.

How to get a qualified electronic signature in the EU

1. Choose a qualified trust service provider

Each Member State publishes a trusted list of the qualified providers it is responsible for and the qualified services they offer (Art. 22(1)). You can search all of them in the European Commission's EU/EEA Trusted List Browser. Because qualified signatures are recognised across the EU (Art. 24a(1)), a provider established in another Member State works too. Before you sign up, the provider must inform you of its precise terms, including any limits on use (Art. 24(2)(d)). Compare current prices on the providers' own websites.

2. Have your identity verified

A QTSP must verify the identity of the person to whom it issues a qualified certificate (Art. 24(1)). The Regulation allows four routes, alone or combined (Art. 24(1a)):

• a European Digital Identity Wallet, or a notified electronic ID means at assurance level "high",
• an existing qualified signature or seal certificate,
• another identification method that gives a high level of confidence, confirmed by a conformity assessment body,
• your physical presence, with appropriate evidence and procedures under national law.

Depending on the methods your provider uses, you may be able to complete the process online.

3. Decide where your signing key lives

The key can sit on a device you hold, such as a smart card or USB token that meets the requirements for a qualified signature creation device (Art. 3(23)). Or it can be kept in a remote qualified signature creation device that the provider manages on your behalf (Art. 3(23a) and Art. 29a), so you do not have to carry any hardware.

4. Keep an eye on the European Digital Identity Wallet

Each Member State must provide at least one European Digital Identity Wallet (Art. 5a(1)), and the wallet must let its user sign with qualified electronic signatures (Art. 5a(4)(e)). For natural persons this signing is free of charge by default, but Member States may limit free use to non-professional purposes (Art. 5a(5)(g)). For business signing, do not assume it will be free.

What about signing for a company?

Under eIDAS a signatory is always a natural person (Art. 3(9)). An employee signs a contract with their own certificate; whether they may bind the company is a question of their authority, which the signature itself does not answer. For documents that should come from the company as such, eIDAS offers the electronic seal, created by a legal person to ensure the origin and integrity of data (Art. 3(24) and 3(25)). A qualified electronic seal enjoys a presumption of integrity and of correct origin of the data (Art. 35(2)).

Signing your quotes and contracts in Collobr

Collobr offers two routes. Your customer can approve a quote by link, which is a simple electronic signature: the response is recorded with the customer's name, the date and time, the IP address and a SHA-256 fingerprint of that version of the quote. For certificate-based signing, the Collobr E-Signature app for Windows signs PDFs in the PAdES format with a certificate on a smart card or USB token. It has been tested with Turkish qualified certificates and has not yet been tested with EU qualified certificates, so if a contract needs a qualified signature under EU law, use your provider's own signing tool for now.

To check a signed PDF you receive, see how to verify a signed PDF; for signatures that must stay verifiable for years, see timestamps and long-term validation. The full legal comparison is in our e-signature guide.