Qualified Electronic Signature (QES)

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The highest form of electronic signature under EU law, created using a qualified certificate and a qualified signature creation device, carrying the legal equivalent of a handwritten signature.

A Qualified Electronic Signature (QES) is an advanced electronic signature that is created by a qualified electronic signature creation device and is based on a qualified certificate for electronic signatures issued by a QTSP. Under both eIDAS and eIDAS 2.0, a QES has the legal effect equivalent to a handwritten signature across all EU Member States, without the need for any additional validation or mutual recognition agreement.

This makes it the gold standard for electronic signing in the European Union. The qualified certificate binds the signature validation data to the identity of the signatory, who must be a natural person. The qualified signature creation device (QSCD) ensures that the signature creation data is under the sole control of the signatory and that the signature is protected against forgery.

Under eIDAS 2.0, the EUDIW must support the creation of QES, enabling any wallet holder to sign documents electronically at the highest level of legal certainty. This is a significant democratisation of qualified signing, as previously QES required separate hardware tokens or smart cards.

The regulation mandates that at least one QES service be available to wallet users free of charge for non-professional use. Remote signing solutions, where the QSCD is managed in the cloud by a QTSP on behalf of the signatory, are also gaining prominence and are compatible with the wallet architecture. QES is particularly important in regulated sectors such as legal proceedings, real estate transactions, corporate filings, and cross-border contracts, where the highest level of non-repudiation and legal certainty is required.

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