What Is a Qualified Electronic Signature?

A qualified electronic signature (QES) is a type of electronic signature that has the same legal effect as a handwritten signature throughout the European Union. It allows users to sign electronic documents without printing them, signing them by hand, or scanning them. It is used, among other things, to sign contracts, business documents, and official correspondence.

Not every electronic signature is a qualified electronic signature. Its status depends on meeting the legal requirements and using a qualified electronic signature certificate. Before choosing a solution, it is therefore worth understanding how a qualified electronic signature differs from other types of e-signatures and in which situations it is actually required.

A qualified electronic signature (QES) is a type of electronic signature that has the same legal effect as a handwritten signature throughout the European Union. It allows users to sign electronic documents without printing them, signing them by hand, or scanning them. It is used, among other things, to sign contracts, business documents, and official correspondence.

Not every electronic signature is a qualified electronic signature. Its status depends on meeting the legal requirements and using a qualified electronic signature certificate. Before choosing a solution, it is therefore worth understanding how a qualified electronic signature differs from other types of e-signatures and in which situations it is actually required.

What Is a Qualified Electronic Signature?

A qualified electronic signature (QES) is an advanced electronic signature created using a qualified electronic signature creation device or a solution that meets the applicable requirements, and based on a qualified electronic signature certificate.

Under the eIDAS Regulation, a qualified electronic signature has the same legal effect as a handwritten signature. This means it can be used in situations where the law requires written form, provided that no special formal requirements apply to the specific legal transaction.

A qualified electronic signature confirms that a particular person has signed an electronic document. It also makes it possible to verify whether the document has been altered after signing.

The key characteristics of a qualified electronic signature include:

• The same legal effect as a handwritten signature – a qualified electronic signature has the same legal effect as a handwritten signature.
• Identity verification – the qualified certificate is linked to a specific natural person.
• Document integrity – signature verification makes it possible to detect changes to the signed content.
• Verifiability – the signature can be checked using appropriate software or a verification service.
• Recognition across the EU – a qualified electronic signature is recognised in all European Union Member States.

It is important to remember that a qualified electronic signature is not simply an image of a handwritten signature pasted into a file. It is a cryptographic solution that enables the authenticity of the signature and the integrity of the signed document to be verified.

How Does a Qualified Electronic Signature Work?

A qualified electronic signature relies on a qualified certificate and cryptographic mechanisms. The certificate confirms the link between the data used to verify the signature and a specific person.

To obtain the ability to create qualified electronic signatures, a user must apply for a certificate from a qualified trust service provider. This requires identity verification and activation of the selected solution.

When a document is signed, an electronic signature linked to its content is generated. Subsequent verification makes it possible to check whether the signature is valid and whether the signed file has been modified.

When Is a Qualified Electronic Signature Needed?

A qualified electronic signature is useful when an electronic document must be signed with the same legal effect as a handwritten signature. It may be required by law, a business partner, or the procedure under which the document is submitted.

The most common uses of qualified electronic signatures include:

Signing Contracts

A qualified electronic signature enables many types of contracts to be concluded electronically without the parties having to meet in person. It can be used for commercial agreements, contracts with business partners, and documents related to business cooperation.

Employment Documents

In certain situations, a qualified electronic signature can be used to sign employment contracts and other employment-related documents. However, the requirements for the specific transaction must be checked. Employment law may establish special rules governing the required form.

Business and Corporate Documents

Qualified electronic signatures are used to sign resolutions, declarations, powers of attorney, and other organisational documents whenever the relevant transaction can legally be completed in this form.

Official Letters and Documents

A qualified electronic signature can be used to submit documents to public authorities and other institutions when the relevant system and procedure permit this method of signing.

Financial Statements and Accounting Documents

Some reporting, accounting, and financial procedures require a qualified electronic signature. The requirements applicable to the specific form or document should always be checked.

Working with International Business Partners

Under the eIDAS framework, qualified electronic signatures are recognised throughout the European Union. This facilitates the signing of documents between entities operating in different Member States.

However, a qualified electronic signature does not replace every possible legal formality. Some transactions require a notarial deed or compliance with additional requirements. Before signing a document, check whether an electronic signature backed by a qualified certificate is sufficient for the specific transaction.

Is a Qualified Electronic Signature Mandatory?

No. A qualified electronic signature is not required for every electronic document. The appropriate type of signature depends on the nature of the document, the laws governing the transaction, and the recipient’s requirements.

In many situations, another type of electronic signature may be sufficient. For example, for internal business documents, approval of agreed terms, or certain contracts concluded remotely, the parties may use simpler signing methods.

A qualified electronic signature is worth choosing when the legal effect of a handwritten signature is required or when a procedure, institution, or other party to the contract specifically demands it.

Before choosing a signature, ask yourself three questions:

• Does the law require written form under pain of invalidity?
• Does the document recipient require a qualified electronic signature?
• Is another type of electronic signature sufficient for the document and its intended purpose?

This approach helps avoid both using an insufficient type of signature and incurring unnecessary costs.

Qualified Electronic Signature vs. Standard Electronic Signature: What Are the Differences?

Electronic signature is a broad term covering various methods of electronically confirming that a document has been signed. A qualified electronic signature is a specific type of electronic signature that meets the requirements set out in the eIDAS Regulation.

In practice, it is useful to distinguish between three basic types of electronic signatures: Simple Electronic Signature (SES), Advanced Electronic Signature (AES), and Qualified Electronic Signature (QES).

Qualified Electronic Signature vs. Trusted Profile Signature

A qualified electronic signature and a Trusted Profile signature are two different solutions. A Trusted Profile signature is linked to Poland’s Trusted Profile system and is primarily used to handle official matters through compatible public administration systems.

A qualified electronic signature, by contrast, is based on a qualified certificate and can also be used in transactions involving businesses, employees, and private individuals.

The main differences are:

• Scope of use – a Trusted Profile signature is primarily used for interactions with public administration, whereas a qualified electronic signature can also be used in commercial transactions.
• Legal effect – a qualified electronic signature has the same legal effect as a handwritten signature. A Trusted Profile signature is not automatically equivalent to one.
• How to obtain it – a Trusted Profile can be set up through available public services, whereas a qualified electronic signature requires a qualified certificate issued by an appropriate trust service provider.
• Cost – a Trusted Profile is free of charge, whereas a qualified electronic signature may involve fees for the certificate or use of the service.

If a document must be executed in written form, a Trusted Profile signature does not automatically replace a handwritten signature. In such cases, a qualified electronic signature may be an appropriate solution, provided that the transaction does not require another special legal form.

What Types of Qualified Electronic Signatures Are Available?

Qualified electronic signatures can be provided through different technical solutions. The best option depends primarily on where and how often you sign documents.

Qualified Electronic Signature on a Smart Card or USB Device

With a traditional solution, the certificate is used with a cryptographic card and reader or a suitable USB device. Signing may require connecting the device to a computer and using dedicated software.

This option is suitable for people who regularly sign documents at a computer workstation and prefer to use a physical device.

Before purchasing a solution, check whether the device is compatible with your operating system, software, and the document formats you intend to sign.

Cloud-Based Qualified Electronic Signature

A cloud-based qualified electronic signature allows users to sign documents without owning a cryptographic card or reader. The signature creation mechanism operates as part of the provider’s service, and the user authorises the operation according to the applicable security procedure.

This option can be convenient for people who work remotely, travel frequently, or sign documents on different devices.

When choosing a cloud-based signature, check the certificate’s validity period, authentication method, availability on mobile devices, and any fees for issuing and renewing the certificate.

How Much Does a Qualified Electronic Signature Cost?

The cost of a qualified electronic signature depends on the provider, the certificate’s validity period, how the certificate is stored and used to create signatures, and the scope of the service offered.

Before purchasing a solution, compare the total cost of using the service with the expected number of documents you will sign. People who sign many documents may need a different solution from those who only want to sign a single contract.

How to Obtain a Qualified Electronic Signature

To obtain a qualified electronic signature, you must use a qualified trust service provider and complete the certificate issuance procedure.

The process usually involves several steps.

1. Choose a Provider

Check whether the selected entity provides qualified trust services. Information about the provider’s qualified status and services can be verified against the relevant trusted list in accordance with the eIDAS Regulation.

2. Choose the Type of Signature

Decide whether you need a signature on a smart card, a USB device, a cloud-based signature, or a solution designed for signing a document once.

3. Verify Your Identity

Issuing a qualified certificate requires identity verification in accordance with the provider’s procedures. Depending on the available methods, this may be completed remotely or in person.

4. Issue and Activate the Certificate

After identity verification is complete, the provider issues the certificate and supplies activation instructions. Depending on the solution, you may need to configure an application, a device, or access to a remote service.

5. Sign the Document

Once the certificate has been activated, you can sign documents in a supported format. Before sending the file to the recipient, it is worth checking that the signature is valid and that the document has not been modified.

When choosing a solution, consider not only the price but also how quickly you can obtain the signature, the availability of technical support, and how you will use the certificate in the future.

How to Sign a Document with a Qualified Electronic Signature

The signing process depends on the selected service and the document format. When signing a PDF file, first check whether the tool supports signing this format.

Signing a document should not be confused with adding a graphical image of a signature to it. An image may look like a handwritten signature, but on its own it does not provide the cryptographic properties of a qualified electronic signature.

It is also important to remember that the visual presentation of a signature in a file and its technical form are two separate matters. A signature can be valid even if its visual representation on the document page is limited or does not resemble a handwritten signature.

Is a Qualified Electronic Signature Secure?

A qualified electronic signature is designed to help verify the signer’s identity and detect changes to a signed document. However, security also depends on using the service correctly and protecting authentication credentials.

To use a qualified electronic signature securely:

• Never share your PINs, passwords, or authorisation codes with other people.
• Use official software and services provided by the trust service provider.
• Check which document you are signing before authorising the operation.
• Verify signatures on documents you receive.
• Protect the devices you use to create signatures.
• If you suspect that you have lost control of a device or access to the service, follow the provider’s security procedures.

Remember that a valid signature does not automatically mean that the contract’s content is favourable, lawful, or free from errors. A signature confirms specific properties of the document and the signing operation, but it does not replace an assessment of the document’s content.

Qualified Electronic Signature: Key Takeaways

A qualified electronic signature is a specific type of electronic signature that, under the eIDAS Regulation, has the same legal effect as a handwritten signature. It is used to sign contracts, business documents, and other electronic documents when an appropriate level of assurance regarding the signer’s identity and the legal effect of a handwritten signature are required.

It can be provided on a cryptographic card, a USB device, or through a cloud-based service. To use it, you must obtain a qualified certificate from a qualified trust service provider and complete the required identity verification procedure.

Not every document requires a qualified electronic signature. Before obtaining one, check whether it is necessary for your intended transaction, how often you will use it, and which method of accessing the service will be most practical.

If you want not only to obtain a signature but also to sign documents and send them to other people conveniently, you can use the doPodpisu.pl platform. It enables you to sign documents online, send them to other people for signing, and manage the signing process in one place.