Definition
Qualified Electronic Signature (QES)
The strongest signature tier in Europe, carrying the same legal weight as a handwritten signature.
In Depth
A QES is the top of the three-level system. Getting there is not casual. Your identity has to be verified in advance, and the signature must be created using officially certified, secure equipment along with a qualified certificate. In return, a QES is treated as the legal equal of signing by hand.
Varies by region. This is an EU and UK concept, and the US has no equivalent statutory tier. Under EU eIDAS a QES is recognised automatically across all member states. The UK keeps a QES category under its retained UK eIDAS, but after Brexit the EU no longer recognises UK qualified trust providers, so a UK QES is not automatically a QES within the EU. The US simply treats all valid electronic signatures the same under ESIGN and UETA, with no "qualified" level.
Sources
- EU: Regulation (EU) No 910/2014 (eIDAS), Art. 3(12), EUR-Lex - qualified electronic signature' means an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures.
- UK: The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (legislation.gov.uk) - These Regulations amend ... Regulation (EU) No 910/2014 ... so that it operates effectively in domestic law after the United Kingdom's withdrawal from the EU. Legislation legislation.gov.uk/uksi/2019/89/made