Are electronic signatures legal in the EU? What legal regulation is the electronic signature mainly subject to?

Electronic signatures are legal in the European Union. The main EU electronic signature is subject to REGULATION (EU) No 910/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on July 23,2014.

The eIDAS (Electronic Identity and Trust Services) regulation is the regulation on electronic identification and trust services for electronic transactions within the 28 member states of the European Community.

What are the types of electronic signatures stipulated by the relevant EU regulations? What are the specific requirements?

eIDAS Regulations recognize three main types of electronic signature: simple electronic signature, advanced electronic signature and qualified electronic signature.

1.Simple Electronic Signature (SES) (eIDAS Article 3 (10)):

Means data in electronic form attached to other data or logically associated to other data in electronic form and used for signature by the signer.

• SES is the most basic form of electronic signature, which can be any electronic data logically connected to the electronic data (such as a document).
• It may include simple electronic tools such as a password, PIN code or a scanned signature image.
• The SES does not provide authentication of the identity of the signer, so the security is relatively low.

2.Advanced Electronic Signature (AdES) (eIDAS Clause 26):

It is an electronic signature that must meet specific requirements and provides a higher level of signature authentication, security, and tamper-proof sealing functions.

• AdES must ensure that the signature is unique to the signatory and identifies the signatory.
• AdES generates data using highly confidential electronic signatures that must be used under the sole control of the signatory.
• The AdES requires a unique connection to the signatory, and any subsequent changes to the signature data are detectable.
• AdES is usually based on a public key infrastructure (PKI) that uses digital certificates to provide a higher level of security and authentication.

3.Qualified Electronic Signature (QES) (eIDAS Clause 22):

It is the only electronic signature level of the EU member states with a special legal status, and it is legally recognized as equivalent to a written signature (Article 25.2). The qualified electronic signature is considered as "the advanced electronic signature created by the qualified signature creation device and based on the qualified electronic signature certificate" (Article 3.12). It must meet advanced electronic signature requirements and be backed by certificates of conformity issued by trusted service providers on the EU trusted list and certified by the EU Member States.

• QES is a more stringent form of signature than AES and has the same legal effect as a handwritten signature.
• QES is an AES generated by a qualified signature generation device (QSCD) and based on a qualified electronic signature certificate.
• The QSCD must be issued by a Qualified Trust Service Provider (TSP) on the EU Trust List (EUTL).
• The QES requires that the signing process should use qualified electronic signature certificates, which can only be purchased from a certified Qualified Trust Service Provider (QTSP).
• QES guarantees the integrity and authenticity of digital signatures and has legal effect among all EU member states.

The AdES and QES are often referred to as digital signatures. Digital signatures provide a higher level of assurance, and are a technically more complex electronic signature. Digital signatures rely on digital certificates issued by the Public Key Infrastructure (PKI) technology and the Trust Service Provider (TSP) to confirm the link between the signatory and its public and private keys.

In which EU scenarios can which type of electronic signature be used?

eIDAS The regulation does not specify which type of electronic signature is required for a particular type of transaction or a particular type of agreement.

Under which circumstances is the use of electronic signatures restricted in the EU restricted?

In general, special considerations regarding the use of electronic signatures should apply to:

• Contracts that create or transfer rights in real estate, except for the right to lease;
• Contract in which the law requires the participation of the courts, public authorities, or professionals exercising public powers;
• Security contracts and mortgage security contracts awarded by persons acting for purposes other than their trade, business or profession;
• Contracts subject to family law or succession law. In particular, these contract types may require additional procedures according to local law, which may not be completed electronically.