What is an electronic signature?

An electronic signature can be used to identify signatories or signature creators. At the same time, the integrity of the linked electronic information can be checked.

The electronic signature thus technically fulfils the same purpose as a handwritten signature on paper documents. It is an implementation of the electronic proof of identity (eID).

For authentication, methods of cryptography are used. Parts of the message to be certified are encrypted by means of a private key known only to the sender. To authenticate a message, the recipient then decrypts the electronic signature using a commonly known public key.

Since 1 July 2016, Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, or eIDAS Regulation for short, regulates the requirements for electronic signatures. The Regulation establishes a level playing field for the cross-border use of electronic identification means and trust services. As an EU regulation, this directly applicable law is in all 28 EU Member States as well as in the European Economic Area.

• Trust Services Act (VDG)
• [Civil Code] (https://www.gesetze-im-internet.de/bgb/) (BGB), in particular §§ 125 et seq. on the forms of legal transactions
• Administrative Procedure Act (VwVfG) for North Rhine-Westphalia (NRW), in particular § 3a on electronic communication and § 37 on electronic administrative act

In addition, further federal and state-wide legislation as well as various regulations of the European Union apply.

1. Electronic signature, even simple signature

The electronic signature consists of data in electronic form and is linked to other electronic data. The simple electronic signature is the weakest form of signature and is particularly suitable for transactions with a low legal risk.

2. Advanced electronic signature

The advanced electronic signature is an electronic signature that is uniquely assigned to the signatory and allows their identification. The advanced electronic signature is an advanced signature that simplifies the verification of validity in the event of a dispute. It is suitable for transactions with a medium legal risk.

3. Qualified electronic signature

The qualified electronic signature is an electronic signature created with a secure signature creation unit and based on a qualified certificate.

The qualified electronic signature corresponds to a personal signature and thus offers the highest evidentiary value. It meets the requirements for electronic form according to § 126a BGB, which can replace the legally prescribed written form. In addition, only electronic documents bearing a qualified electronic signature receive the same probative value as (paper) documents within the meaning of the Code of Civil Procedure (Section 371a(1) of the Code of Civil Procedure).

On the website of the [Federal Office for Information Security] (https://www.bsi.bund.de/SharedDocs/Downloads/DE/BSI/ElekSignatur/esig_pdf.html) you will find a brochure on the subject ‘Fundamentals of electronic signature’.

For German providers providing [trust services](https://www.bsi.bund.de/DE/topics/public administration/eIDAS Regulation/trust services/trust services_node.html) in accordance with the [eIDAS Regulation](https://www.bsi.bund.de/DE/topics/public administration/eIDAS Regulation/eidas Regulation_node.html) (creation, verification and validation of electronic signatures), the Trust Services Act shall apply.