The digital signature

What is an electronic signature?

Just like a handwritten signature, an electronic signature aims to identify the signatory and provide evidence that the signatory agrees with the relevant document.

The 2014 eIDAS Regulation—which, among other things, governs electronic identification and provides the legal framework for electronic signatures—defines an electronic signature as follows:

“data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign.”

The key difference from a traditional signature is therefore that, instead of signing with a handwritten mark, the signatory uses electronic data to sign.

Three types of electronic signatures and their legal value

Today there are three types of electronic signatures used to sign digital transactions. Each type has its own use case and evidentiary strength. The categories are: simple electronic signature, advanced electronic signature and qualified electronic signature.

The “simple” electronic signature

Unlike the other two types, this signature does not have to meet specific technical requirements.

As a result, the certainty regarding (i) the identity of the signatory and (ii) the integrity of the signed document is typically more limited in practice. This type of signature can therefore be challenged more easily.

Important: a document signed with a simple electronic signature can still be legally relevant and binding. However, in a dispute about evidence you will more often need to rely on the concrete circumstances (e.g., emails, logging, audit trail, use of a unique account, later confirmations, etc.).

The “advanced” electronic signature

To qualify as “advanced”, a signature must meet the conditions set out in Article 26 of the eIDAS Regulation. These cumulative conditions are:

• the electronic signature is uniquely linked to the signatory;
• the electronic signature is capable of identifying the signatory;
• the electronic signature is created using electronic signature creation data that the signatory can, with a high level of confidence, use under their sole control; and
• the electronic signature is linked to the signed data in such a way that any subsequent change in the data is detectable.

Compared to a simple electronic signature, an advanced electronic signature generally offers much greater certainty about the identity of the signatory and helps ensure that changes to the document after signing can be detected. In practice, this usually means stronger evidentiary value and better security.

The “qualified” electronic signature

A qualified electronic signature is an advanced electronic signature that:

• is created by a qualified electronic signature creation device, and
• is based on a qualified certificate for electronic signatures.

A qualified electronic signature provides the highest level of security. It is also the only type of electronic signature that, under eIDAS, has the same legal effect as a handwritten signature (equivalence).

Why did we choose the Connective (now Nitro) platform?

Wanted Law also offers electronic signatures and has chosen Connective (now Nitro).

They provide digital signature methods ranging from simple to highly secure when desired, which can be aligned with eIDAS requirements. This gives you a strong digital user experience without compromising on security.

Because Wanted Law was a Belgian company working with Belgian clients, a key advantage is being able to offer solutions that integrate smoothly with Belgian identification means (such as the eID and itsme®).

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