The question of legally valid signatures arises much more frequently today than in the past. Contracts, approvals, and consents are no longer just handled on paper. At the same time, there is often uncertainty: Is an electronic signature really sufficient, or is the classic signature with pen and paper still needed? This is precisely why a comparison is worthwhile. Not every signature needs to be handwritten. What matters is which form is legally required.
A legally valid signature is one that fulfills the form required for a specific process. If written form is legally required, according to § 126 BGB, a handwritten signature is generally needed. If a legally prescribed form is missing, a legal transaction may be invalid. However, there are also cases where only text form is required. In such cases, a readable declaration on a durable data carrier, in which the declaring person is named, is sufficient. Not every legally valid signature must therefore automatically be handwritten.
Handwritten and electronic signatures compared
The handwritten signature is the classic method we all know: print the document, sign it, send it back. The electronic signature, on the other hand, is digital and better suited to modern processes. What’s important here is that electronic signatures are not automatically weaker than the handwritten version. According to eIDAS, an electronic signature is not automatically invalid just because it is digital or does not correspond to the highest signature level. It can still be legally relevant and serve as evidence. With legally valid signatures, it’s therefore not about analog versus digital, but about the appropriate level of security and form.
What types of electronic signatures are there?
For legally valid signatures in the digital space, eIDAS distinguishes three levels: simple, advanced, and qualified electronic signatures. The simple electronic signature is the lowest level. The advanced electronic signature is more strongly linked to the signing person and is structured so that changes to the document become recognizable. The qualified electronic signature goes one step further: it is based on a qualified certificate and is created with a qualified signature creation device. This makes it the highest level within this model.
When is an electronic signature legally valid?
Electronic signatures can therefore be legally valid. What matters, however, is always which form is required in the specific case. If a legally prescribed written form is to be replaced electronically, a qualified electronic signature is required for this according to § 126a BGB. This qualified electronic signature has the same legal effect throughout the EU as a handwritten signature under eIDAS.
That the qualified electronic signature has the same legal effect as a handwritten signature is not coincidental. While with a signature on paper you often see directly who is signing, other mechanisms are needed for trust and security in the digital space. Therefore, the requirements here are particularly high: The signature is based on a qualified certificate that only a qualified trust service provider may issue. This provider must meet strict requirements and is regularly audited by the Federal Network Agency. Before issuance, the identity of the signing person is also reliably verified. This allows the signature to be assigned to a specific person and the process is much better protected against misuse.
Advantages of electronic signatures for companies
Legally valid electronic signatures primarily bring speed to processes. Documents no longer need to be printed, signed, scanned, and sent again. This saves time, reduces media disruptions, and often makes workflows significantly more streamlined. At the same time, digital signature processes can be better integrated into existing workflows. This is a major advantage especially for companies: they gain speed without having to make general compromises on legal security. The key is only to choose the appropriate signature level.
Conclusion
Signing documents electronically may sound simple at first. In reality, however, there is an important distinction behind it: between electronic signature, advanced electronic signature, and qualified electronic signature. All three have their place. The simple level is quick and pragmatic. The advanced level provides more security. The qualified level is crucial where the electronic form is needed in the legal sense and the signature needs to be particularly robust.
If you clearly distinguish between these, you don’t just digitize faster, but also more sensibly. Because the best type of signature is not automatically the highest, but the one that fits the respective document and the respective risk.
Those who want to set up digital processes not only faster but also legally sound need a reliable partner. As a qualified trust service provider, we at SIGN8 offer all three eIDAS signature types and help find the right solution for each use case. This way, documents can be signed digitally, traceably, and legally valid. For an insight into our solutions, we are always happy to provide a demo.
FAQ: Legally Valid Signatures
Is an electronic signature legally valid?
Yes, an electronic signature can be legally valid. What matters is always which requirements apply to the respective document. Not in every case is a handwritten signature necessary.
What is the difference between handwritten and electronic signatures?
The handwritten signature is made on paper, the electronic signature digitally. Legally, it doesn’t matter whether it’s signed analog or digital, but whether the chosen form is sufficient for the respective process.
Does an electronic signature replace the handwritten signature?
This depends on the individual case. In many cases, an electronic signature is sufficient. However, if written form is legally prescribed, stricter requirements apply.
Why are more and more companies using electronic signatures?
Because processes can be handled much faster and easier with them. Documents can be signed digitally, forwarded directly, and integrated into existing processes without media disruption.
