Why a signature in Operations1 usually qualifies as an AES
1. Clear identification of the signer
All signatures are executed via a personal user account. Each signature automatically records the date and time of signing. Provided user accounts are not shared between individuals, a signature can be reliably attributed to a specific person, identifiable through their account details.
2. Sole control over signature creation data
Signatures can only be applied through the associated password-protected user accounts, which are used exclusively by individual persons. This ensures that the signer retains sole control over their signature creation data.
3. Detection of subsequent changes
Operations1 maintains a complete interaction log within the report, including the uploaded signature image. This guarantees that any post-signing modifications are detectable.
Types of electronic signatures under the eIDAS Regulation
The eIDAS Regulation defines three categories of electronic signatures:
1. Simple Electronic Signature (SES)
An SES has no specific requirements for security, identity verification, or data integrity. Examples include a scanned handwritten signature or clicking “Accept.” SES may be used for simple contracts or informal documents.
2. Advanced Electronic Signature (AES)
According to Article 26 of the eIDAS Regulation, an AES must meet four criteria:
a) It is uniquely linked to the signer.
b) It enables the identification of the signer.
c) It is created using electronic signature creation data under the signer’s sole control.
d) Any subsequent alteration of the signed data is detectable.
AES is sufficient for contracts without statutory written form requirements or for processes such as electronic tax filings.
3. Qualified Electronic Signature (QES)
QES is the highest level of electronic signature. It meets all AES requirements and is additionally created using a qualified certificate issued by a qualified trust service provider, based on a qualified signature creation device. A QES is legally equivalent to a handwritten signature and is required for certain formal documents such as employment contracts or notarial deeds (where digital creation is legally permissible).