An electronic signature is a digital declaration by which a person expresses their agreement to a document. International contracts are signed almost exclusively digitally. In our practice, we see that many entrepreneurs do not know the difference between the three eIDAS levels. An incorrect type of signature can make an important contract contestable. Anyone who understands the eIDAS structure chooses the right level of security for every risk.
What is the legal issue?
Not every electronic signature offers the same legal value. A scanned signature differs fundamentally from a qualified electronic signature with identity verification. In disputes, it revolves around evidential value: can you demonstrate that the right person signed at the right time? Insufficient safeguards lead to disputed contracts and legal uncertainty.
What does the law say?
Within the EU, the eIDAS Regulation (Regulation (EU) 910/2014) governs three levels: ordinary, advanced (Article 26), and qualified electronic signature (Article 25(2)). Only the qualified signature has the same legal force within the EU as a wet signature. On 11 May 2024, eIDAS 2.0 entered into force (Regulation (EU) 2024/1183) with the European Digital Identity Wallet.
Under Dutch law, Article 3:15a of the Civil Code governs the equivalence of electronic and handwritten signatures, with reference to eIDAS. For specific documents (wills, real estate deeds), notarial intervention remains required (Article 3:30 of the Dutch Civil Code).
What risks do companies face?
A simple scan or click can be contested. Without identity verification, it is uncertain who signed. In international disputes, a foreign court may deem the evidence insufficient. Specific contracts such as sureties, arbitration clauses, or real estate transactions sometimes require stricter forms. Choosing the wrong signature level can render an important contract worthless at the moment you wish to enforce it.
Practical example from our practice
We represented a Dutch company with a large supply agreement to a Spanish partner, signed via a standard electronic signature by email. In the event of a dispute, the Spanish party contested the validity. The Spanish court recognized the contract under Article 6:217 of the Dutch Civil Code and Article 25, paragraph 1 of eIDAS, but deemed the evidence of exactly who had signed insufficient. Upon renegotiating the contract, we used a qualified signature via an eIDAS-compliant provider — identity beyond any doubt.
What can you do?
For high-risk contracts, choose a qualified or advanced signature with identity verification. Work with eIDAS-compliant providers for EU transactions (DocuSign, Adobe Sign, Signicat). Retain the audit trail of every signature. Check by country whether certain documents require a wet signature or notarized endorsement. Adjust the signature level to the risk. See also our article on When is a contract legally valid without a signature?