The legal value of an electronic signature in the European Union

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The eIDAS
Regulation

The eIDAS regulation sets out the rules for the legal use and recognition of electronic signature certificate issuance services in the Member States of the European Union. A trusted service provider must comply with these regulations.

The European Commission identifies and lists by country the qualified trust service providers recognized throughout Europe.

The legal admissibility of a signature cannot, therefore, be refused on the grounds that it is in electronic format. Any electronic signature made through a trusted service certified by a European Union country, therefore, has evidential value within the whole European Union.

Application in European Union member states

Each state member of the European Union has transposed the eIDAS regulation into its own law.Every country has a leading body in the field of electronic signature. It identifies and monitors trusted service providers to ensure their compliance with the eIDAS Regulation. It is also in charge of the qualification of trusted service providers, which are then recognized at the European level.

Exceptions

Be careful, some countries’ legislation restricts the use of electronic signatures to some categories of documents. It’s important to research and become aware of the local policies about esignature in your country. Tap&Sign can help you in this process.