The three levels in eIDAS
The levels come from eIDAS, Regulation (EU) No 910/2014, as amended by Regulation (EU) 2024/1183. Article 3 gives the definitions, Article 26 lists what an advanced signature needs, and Article 25 sets the legal effect. Each level contains the one below it: every QES is an AES, and every AES is an electronic signature.
Simple electronic signature (SES), Art. 3(10)
Article 3(10) defines an electronic signature as data in electronic form that is attached to or logically associated with other electronic data and used by the signatory to sign. The Regulation only says “electronic signature”. People add “simple” for a signature that does not meet a higher level. A typed name under an email and a signature drawn on a phone screen both count.
Advanced electronic signature (AES), Art. 3(11) and Art. 26
Article 3(11) defines an AES as an electronic signature that meets the requirements of Article 26. There are four. The signature:
- is uniquely linked to the signatory;
- is capable of identifying the signatory;
- is created using signature creation data that the signatory can, with a high level of confidence, use under their sole control;
- is linked to the signed data so that any subsequent change in the data is detectable.
The Regulation names no technology, but in practice an AES usually pairs an identity check with a digital signature.
Qualified electronic signature (QES), Art. 3(12)
Article 3(12) defines a QES as an AES created by a qualified electronic signature creation device and based on a qualified certificate for electronic signatures. The qualified certificate comes from a qualified trust service provider, which is supervised in its Member State and listed on the EU trusted lists.
SES, AES and QES compared
| SES | AES | QES | |
|---|---|---|---|
| What proves identity | Nothing required by law. In practice, often control of an email address or an account. | The signature must be able to identify the signer, usually through an ID check behind the certificate. | A qualified certificate, issued after a qualified trust service provider verified the signer's identity. |
| What links the signature to the document | Nothing required. Often an event log and a hash of the file. | A link that makes any later change detectable, usually a digital signature. | The same as AES, created with a qualified signature creation device. |
| Typical use | Everyday agreements: quotes, NDAs, consent and release forms, internal approvals. | Agreements where it matters who signed, for example with someone you have never met. | Documents where the law requires the equivalent of a handwritten signature. |
| Legal effect (Art. 25) | Cannot be denied legal effect or refused as evidence solely because it is electronic (25(1)). | The same rule as SES (25(1)), with stronger evidence of who signed. | Equivalent to a handwritten signature (25(2)) and recognised in all Member States (25(3)). |
Below QES, the levels differ in how much work it takes to show who signed and that the document is the one they signed.
How to choose a level
- Check whether a law or the other party requires a specific form. Some documents need a QES or a handwritten signature, and some cannot be signed electronically at all.
- If nothing specific is required, think about the dispute you would most likely face. For a quote acceptance, a photo release or a policy acknowledgment, proof that the person with that email address signed this exact file is usually enough: an SES with a good event log.
- Choose an AES when the signer's identity matters, for example when you have never met them or a lot depends on who signed.
- Choose a QES when the law requires the equivalent of a handwritten signature or you need recognition in every Member State under Art. 25(3).
The three levels are an EU scheme. In the US, the ESIGN Act (2000) and UETA give electronic signatures legal effect for most transactions, with exceptions such as wills and some family law and court documents.
SES in SignClearly
Every SignClearly document can be signed with a simple electronic signature. The link goes to one email address, and SignClearly confirms that the recipient controls that address. It does not check who they are.
The signer agrees to sign electronically, draws a signature, types their full name, reviews the final PDF exactly as it will be signed and confirms the intent to sign. The certificate page at the end of the PDF lists the SHA-256 of the original file and the event log with UTC times and IP addresses. Signing your own document in your account is always SES.
How SignClearly addresses the AES requirements
SignClearly provides an AES when the sender requires an ID check. Before signing, the recipient shows an ID document and takes a selfie with Didit, a third-party identity service. The name on the ID must match the recipient name the sender entered, or they cannot sign. The consent text tells the signer that the signature is an AES.
| Art. 26 requirement | How SignClearly addresses it |
|---|---|
| Uniquely linked to the signatory | The signer signs with a one-time key (ECDSA P-256) created in their browser. SignClearly's certificate authority issues a certificate for that key, valid for 24 hours and for this one signature. |
| Capable of identifying the signatory | The ID check confirms the name. The signer's certificate carries the name from the ID and the email address the link was sent to. |
| Under the signatory's sole control | The key is created in the signer's own browser for this one signature, after the access code (if set) and the ID check. |
| Later changes are detectable | The signer's signature is a PAdES digital signature over the PDF, and a SignClearly platform seal covers the final file. Adobe Acrobat and Reader show whether the file changed after signing. |
The recipient gets up to 3 check attempts per link. SignClearly keeps the result and the name on the ID, not images of the ID. An AES costs more credits than an SES; see pricing.
SignClearly does not offer QES
SignClearly is not a qualified trust service provider. It has no qualified certificates and no qualified signature creation devices, so it cannot produce a QES. If your document needs one, use a qualified trust service provider from the EU trusted lists.
For the technical side, see electronic vs digital signature: a digital signature on its own does not make a signature qualified.