eIDAS Regulation Guide
Everything you need to know about electronic signatures and eIDAS compliance
Table of Contents
1. What is the eIDAS Regulation?
eIDAS = electronic IDentification, Authentication and trust Services
The eIDAS Regulation (No 910/2014) came into force on July 1, 2016, across all European Union member states. It establishes a common legal framework for electronic signatures, electronic seals, electronic timestamps, electronic documents, and electronic delivery services.
Main Objectives:
- Create a European digital single market
- Ensure the security of electronic transactions
- Guarantee cross-border interoperability
- Strengthen trust in digital services
- Harmonize practices between member states
Fundamental Principle:
An electronic signature cannot be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form.
2. Types of Electronic Signatures
The eIDAS Regulation defines three levels of electronic signatures, each offering different levels of security and legal guarantee:
Level 1 Simple Electronic Signature
Data in electronic form which is attached to or logically associated with other electronic data and which is used by the signatory to sign.
Examples:
- "I agree" checkbox
- Scanned signature inserted into a document
- Email with name at the bottom
Level 2 Advanced Electronic Signature
A signature that meets the following requirements:
- Uniquely linked to the signatory
- Capable of identifying the signatory
- Created using data under the sole control of the signatory
- Linked to the signed data so that any subsequent change is detectable
Technologies Used:
- Digital certificates
- Two-factor authentication
- OTP (One-Time Password)
- Biometrics
Level 3 Qualified Electronic Signature
An advanced electronic signature that is additionally:
- Created by a qualified electronic signature creation device
- Based on a qualified certificate for electronic signatures
- Issued by a qualified trust service provider
Legal Equivalence:
A qualified electronic signature has the same legal effect as a handwritten signature in all EU member states.
3. Benefits and Legal Value
Economic Benefits
- Cost reduction (paper, shipping, storage)
- Significant time savings
- Automated processes
- Reduced errors
- Quick ROI
Legal Benefits
- Recognized evidential value
- Non-repudiation
- Guaranteed integrity
- Certified timestamping
- Cross-border recognition
Legal Value by Signature Type
| Signature Type | Legal Value | Recommended Use Cases |
|---|---|---|
| Simple | Admissible evidence, probative value to be assessed | Internal documents, simple agreements |
| Advanced | Strong presumption of reliability | Commercial contracts, HR, B2B |
| Qualified | Equivalent to handwritten signature | Notarial deeds, public procurement |
4. Technical and Legal Requirements
Technical Requirements
- Strong Authentication: Verification of signatory identity
- Document Integrity: Cryptographic hash (SHA-256 minimum)
- Timestamping: Qualified timestamp for date and time
- Secure Storage: Electronic archiving with evidential value
- Audit Trail: Complete traceability of all actions
- Encryption: Protection of data in transit and at rest
Legal Requirements
Consent
- Free and informed
- Unambiguous
- Documented
- Revocable
Identification
- Identity verification
- Personal certificate
- Unique link to signatory
- Sole control
5. GigaSignature and eIDAS Compliance
GigaSignature is designed to be 100% compliant with the eIDAS regulation, offering advanced electronic signatures with all necessary guarantees.
Our Compliance Guarantees
Strong Authentication
Dual authentication via email + SMS OTP
Guaranteed Integrity
SHA-256 hash and cryptographic sealing
Qualified Timestamping
Certified timestamp on every action
Complete Audit Trail
Detailed traceability and proof certificate
GigaSignature Signing Process
- Upload: Secure import of PDF document
- Configuration: Define signature areas and signatories
- Invitation: Send secure link to signatories
- Authentication: Identity verification via email + OTP
- Signature: Application of electronic signature
- Sealing: Timestamping and cryptographic hash
- Archiving: Secure storage with compliance certificate
6. Use Cases and Affected Sectors
Human Resources
- • Employment contracts
- • Amendments
- • Remote work agreements
- • Payslips
Sales
- • Quotes and invoices
- • Purchase orders
- • Client contracts
- • NDAs
Legal
- • Meeting minutes
- • Mandates
- • Legal documents
- • Certificates
Industry Sectors
- Banking & Insurance: Account opening, subscriptions
- Real Estate: Mandates, compromises, leases
- Healthcare: Consents, medical records
- Education: Enrollments, diplomas
- Government: Public tenders, administrative acts
- Transport: Waybills, CMR
- Industry: Specifications, certifications
- Services: Service contracts, SLAs
7. Frequently Asked Questions
Are electronic signatures legal in the EU?
Yes, electronic signatures have been legal in the EU since the 1999 Directive. The 2016 eIDAS Regulation strengthened and harmonized this legal framework across Europe.
How long are signed documents stored?
GigaSignature stores signed documents for a minimum of 10 years, in compliance with legal requirements. This period can be extended according to your specific needs and sectoral obligations.
Is an electronically signed document valid internationally?
eIDAS-compliant signatures are recognized in all EU countries. For other countries, recognition depends on bilateral agreements and local legislation. Many countries recognize electronic signatures (USA with the ESIGN Act, etc.).
How is the signatory's identity proven?
GigaSignature uses two-factor authentication: email + SMS OTP code. This method ensures that only the intended recipient can sign. All authentication data is recorded in the signature certificate.
What happens in case of dispute?
In case of dispute, GigaSignature provides a complete evidence file including: the signed document, signature certificate, detailed audit trail, and authentication evidence. These elements constitute a body of evidence admissible in court.
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