Electronic signatures in the European Union: a practical guide to eIDAS

If you do business anywhere in the European Union, one regulation sits behind almost every electronic signature: eIDAS. It applies directly in all 27 member states, so the basic rules are the same in Lisbon, Warsaw and Berlin. What it doesn't do is replace national contract law — and that is where most practical questions come from.

This guide explains what eIDAS says, the three types of electronic signature it recognises, which documents often still need something stronger, and how to build a solid evidence trail when you use simple electronic signatures.

Are electronic signatures legal in the EU?#

Yes. The core law is the eIDAS Regulation — Regulation (EU) No 910/2014 on electronic identification and trust services. Its rules on electronic signatures have applied since 1 July 2016, replacing the earlier Electronic Signatures Directive 1999/93/EC.

Two principles matter most:

• Non-discrimination. An electronic signature can't be denied legal effect or admissibility as evidence in legal proceedings just because it is electronic, or because it doesn't meet the requirements for a qualified electronic signature (Article 25(1)).
• Equivalence for qualified signatures. A qualified electronic signature has the same legal effect as a handwritten signature, and a qualified signature based on a qualified certificate issued in one member state is recognised as such in all the others (Article 25(2) and (3)).

In 2024 eIDAS was amended by Regulation (EU) 2024/1183, often called "eIDAS 2". Its headline change is the European Digital Identity Wallet, which every member state has to make available, along with new trust services such as electronic attestations of attributes and electronic archiving. The basic framework for electronic signatures — the three levels and the non-discrimination rule — stays in place.

The three types of electronic signature#

eIDAS describes three levels, each building on the one before.

Signkoi provides simple electronic signatures backed by strong evidence. It does not create advanced or qualified signatures. For many agreements a simple signature is perfectly usable; for some, national law asks for more.

Where national law still asks for more#

eIDAS defines a qualified signature and gives it the status of a handwritten one, but it leaves it to each member state to decide which documents need a particular form. The exceptions therefore differ from country to country. Common examples include:

• Real-estate transactions — transfers of land and property often need a notarial deed or specific registration formalities.
• Wills and inheritance — wills generally need to be handwritten, witnessed or made before a notary.
• Family-law matters — such as marriage contracts, divorce or adoption.
• Notarial and court documents — anything that must be authenticated by a notary or filed with a court under its own procedural rules.
• Statutory written form — some contracts must legally be "in writing" and, where an electronic alternative is allowed at all, it is often only a qualified electronic signature. Germany's Schriftform rules are a well-known example.

Before choosing a signature method for an important document, check the rules of the member state whose law governs it. Our guides for Germany, France, Spain, Italy, the Netherlands and Poland cover some national details, and our e-signature legality overview covers countries outside the EU.

Collecting stronger evidence with simple electronic signatures#

Because a simple electronic signature can't be rejected just for being electronic, its weight usually comes down to the evidence around it. If a signature is ever disputed, you will generally want to show who signed, that they meant to sign, and that the document hasn't changed since. Good practice includes:

• Keep a complete audit trail. Record when the document was sent, opened and signed, together with technical details such as IP address and browser.
• Confirm the signer's identity. For important documents, ask signers to enter an access code you share with them separately, or a one-time code sent to their email address.
• Protect the document's integrity. A tamper-evident seal on the final PDF makes later changes detectable.
• Use reliable timestamps. A trusted timestamp helps show when the signing took place.
• Store the records together. Keep the signed PDF and its certificate of completion with your other records for as long as you may need them.

How to send a document for signature in the EU with Signkoi#

1. Upload your PDF — the contract, offer or form you want signed.
2. Add your signers with their names and email addresses, and set a signing order if one person should sign before another.
3. Place the fields — signature, initials, date, text or checkboxes — exactly where they belong.
4. Add an identity check if the document warrants it: an access code or an email one-time code.
5. Set reminders and an expiry date, then send.

Recipients open the link and sign in their browser, without creating an account. Signkoi is available in 12 languages, which helps when your signers are spread across Europe. Once everyone has signed, the PDF is sealed and timestamped, and you receive a certificate of completion summarising the audit trail. Anyone holding the PDF can check that it is unchanged at signkoi.com/verify.

FAQ#

Is a simple electronic signature valid in every EU country?#

Under eIDAS, no member state may refuse an electronic signature legal effect or admissibility as evidence just because it is electronic. Whether a simple signature is enough for a particular document depends on national law and on the type of document.

When do I need a qualified electronic signature?#

Generally when the law requires a specific form, such as statutory written form, or when the other party or an authority insists on it. Many everyday commercial agreements need no particular form at all.

Does eIDAS 2 change how I sign contracts?#

Not fundamentally. Regulation (EU) 2024/1183 keeps the three signature levels and adds the European Digital Identity Wallet and new trust services. Over time, the wallets may make qualified signatures easier for individuals to obtain.

This article is general information, not legal advice. Laws and their interpretation change and differ between member states and document types. For an important or regulated document, talk to a qualified lawyer in the relevant country.