Digitalization and contract law: Electronic signature in accordance with the eIDAS Regulation

Introduction: Digitalization and modern contract law

Advancing digitalization is changing all business processes, especially in the area of contract design. Electronic signatures are becoming increasingly important as they enable companies and start-ups to conclude contracts efficiently, paperlessly and in a time-saving manner. The legal recognition of digital signatures forms the foundation of modern business processes and facilitates the integration of digital workflows into traditional contract processes. In accordance with EU Regulation No. 910/2014 – the so-called eIDAS Regulation – the use of electronic signatures is regulated uniformly throughout Europe. This regulation creates a stable, cross-border legal foundation that not only minimizes uncertainties in international contractual relationships, but also promotes economic cooperation. Companies benefit from shorter processing times, optimized processes and increased security, while administrative costs are reduced at the same time. Start-ups in particular, which are characterized by agility and innovative strength, find digital contract drafting to be a forward-looking tool for asserting themselves against the competition. The combination of technological efficiency and a clearly defined legal framework supports the seamless transition to a digitalized world of work. The following section outlines the requirements for electronic signatures, how technical and organizational standards are to be implemented and which liability issues become relevant in the event of security flaws. It also shows how modern contract processes can be practically designed so that companies can benefit from the advantages of digitization while complying with all legal requirements.

Legal basis of the electronic signature

The legal basis for the use of electronic signatures is clearly defined in the eIDAS Regulation (EU) No. 910/2014. This regulation creates a uniform European set of rules that guarantees the recognition and legal equivalence of electronic signatures with handwritten signatures. A central component of the eIDAS Regulation is the distinction between simple, advanced and qualified electronic signatures. The qualified electronic signature in particular enjoys the highest probative value, as it is considered equivalent to a handwritten signature when used correctly, as stipulated in Art. 25 of the eIDAS Regulation. The strict requirements for qualified signatures – such as identity verification and the use of certified trust service providers – ensure the integrity and authenticity of digital signatures. The Signature Act applied in Germany was modernized in the course of implementing the eIDAS requirements and is constantly adapting to new technological developments. Companies that rely on digital signatures can therefore be sure that their contracts have the same legal validity as conventionally signed documents. A precise selection of the signature procedure, tailored to the respective business process, makes a decisive contribution to avoiding subsequent difficulties with evidence. For start-ups, which often rely on fast and flexible processes, the provisions of the eIDAS Regulation provide a clear framework for implementing innovative contract models in a legally secure manner. In addition, the regulation underlines the importance of a trustworthy digital ecosystem in which all parties involved fulfill their contractual responsibilities. Regular training of company lawyers and IT managers in the use of these technologies is therefore essential to ensure ongoing legal certainty. In summary, the eIDAS Regulation forms the basis for modern contract design, in which digital signatures are not only a technical, but above all a legal instrument for increasing efficiency.

Technical requirements and safety standards

The technical implementation of electronic signatures requires the use of modern cryptographic processes to ensure the integrity and authenticity of the data. The use of qualified certificates, which prevent signed documents from being subsequently manipulated, is central to this. Trust service providers rely on certified technologies that meet the high requirements of the eIDAS Regulation and thus guarantee the protection of sensitive information. The technical infrastructure must not only ensure secure data traffic via encrypted communication protocols, but also prevent unauthorized access to signature-relevant data. The seamless integration of signature solutions into existing IT systems and document management processes is another decisive factor. Modern systems make it possible to digitally document the entire signature process and thus provide a traceable audit trail, which is essential for subsequent evidence proceedings. In addition to implementing secure data transmission channels, regular IT security checks also play a key role. Companies should invest in high-performance IT infrastructures and carry out regular security audits and penetration tests in order to identify and eliminate potential vulnerabilities at an early stage. In addition, international security standards such as ISO 27001 are used as a benchmark to ensure the protection of data and the reliability of signature processes. Cooperation with renowned trust service providers, which are subject to strict certification procedures, offers additional security. This ensures that there is no need to compromise on security, even in times of high data volumes and intensive use of digital signatures. Overall, the technical requirements and security standards form the basis on which a trustworthy and legally compliant digitalization of contract processes can be built.

Risks and liability issues when using electronic signatures

Despite the numerous advantages offered by electronic signatures, there are also risks that need to be carefully managed. A key problem is the potential manipulation of signatures if the underlying IT systems are not adequately secured. If security gaps occur, this can significantly impair the probative value of a digitally signed contract. The question of liability is often complex and depends largely on the contractual agreements between the company and the trust service provider. Companies must therefore ensure that all parties involved fulfill their obligations to guarantee signature integrity and that contractual liability limits are clearly regulated. If security deficiencies occur despite these precautions, claims for damages can be made against both the IT service provider and the signing company. To minimize potential liability risks, it is essential to implement and regularly review comprehensive IT security measures. Possible risks should be included in the contract design in advance and preventive liability provisions should be made in order to avoid lengthy and costly legal disputes. It is also essential to provide proof that all legal and technical requirements have been met when concluding the contract. The loss of sensitive data or unauthorized access to digital signatures can also lead to considerable reputational and liability risks. It is therefore advisable to have a holistic risk management system that combines technical, organizational and legal aspects. By involving legal expertise at an early stage, liability issues can be precisely defined and contractually secured. These preventative measures not only contribute to legal certainty, but also strengthen the trust of business partners in the digital contract process. Companies that take a close look at the risks and liability issues lay the foundation for the sustainable and secure digitalization of their contract processes.

Practical implementation and design of modern contract processes

The practical implementation of electronic signatures requires close cooperation between the IT department and legal experts. First of all, a comprehensive analysis of the existing contract processes should be carried out in order to identify optimization potential and technical requirements. Based on this analysis, a suitable trust service provider is selected that meets the strict security and certification requirements of the eIDAS Regulation. The integration of the electronic signature into the existing business process must be seamless in order to minimize manual effort and increase process speed. Modern software solutions not only enable digital signatures, but also the complete documentation of the entire signature process in an audit trail. This facilitates subsequent traceability and can serve as important evidence in the event of a dispute. The digitalization of contract processes offers a decisive competitive advantage for start-ups in particular, as costs can be reduced and resources used more efficiently thanks to optimized processes. At the same time, the implementation of digital solutions ensures that all legal requirements, in particular the requirements of the eIDAS Regulation, are strictly adhered to. The continuous training of employees in the use of new technologies and processes is just as important as the regular technical and legal review of the implemented systems. Cooperation with external experts, such as IT security consultants and specialized lawyers, also helps to safeguard the entire process. An interdisciplinary approach that combines legal and technical expertise ensures that the digitalization of contract processes is not only implemented efficiently, but also in compliance with the law. The documentation of all process steps and the establishment of standardized procedures also help to avoid later discrepancies and legal disputes. This holistic approach makes it clear that the digital conclusion of contracts is much more than the mere use of an electronic signature – it is an expression of a future-oriented, legally compliant corporate strategy.

Conclusion: The path to legally compliant digitalization

Digitization offers companies the opportunity to optimize and sustainably modernize traditional contract processes. Electronic signatures in accordance with the eIDAS Regulation are a key instrument here, which not only increases efficiency but also ensures legal certainty in the digital conclusion of contracts. The legal equivalence of electronic and handwritten signatures, as enshrined in Art. 25 of the eIDAS Regulation, underlines the importance of this instrument in modern business transactions. At the same time, the technical implementation requires the use of secure cryptographic processes and the continuous expansion of the IT infrastructure in order to meet the high security standards. Even if there are potential risks and liability issues, these can be largely minimized through preventive and careful contract design, coupled with comprehensive risk management. Close cooperation between IT specialists and legal advisors is a key success factor in meeting all legal requirements and implementing innovative processes at the same time. Companies and start-ups in particular benefit from shorter processing times, optimized internal workflows and transparent documentation. In addition to technical integration, the practical implementation of digital contract processes also requires clear contractual regulations that address liability issues at an early stage and prevent risks. In summary, it can be said that the digitalization of contract law represents a decisive step towards the future. Anyone embarking on the path of digital transformation should not only rely on state-of-the-art technologies, but also incorporate legal expertise in order to ensure that all processes are legally compliant. The explanations presented here show how a well-founded combination of technical security and legal precision can contribute to the sustainable optimization of contractual processes. Companies that consistently follow this path position themselves in the long term as future-oriented and legally compliant players in international competition.

These statements underline the fact that digitization and the use of electronic signatures represent far more than just technical progress. Rather, it creates the basis for efficient, flexible and legally compliant contract design that meets the modern requirements of the globalized market. Start-ups in particular, which operate in a dynamic environment, can significantly increase their competitiveness by implementing digital signature processes. The legal and technical requirements are clearly defined and provide a reliable framework that is recognized both nationally and internationally. A continuous dialog between IT experts and legal advisors is essential in order to meet the changing requirements and always adapt the systems used to the latest state of the art. The preventative involvement of legal expertise not only minimizes liability risks, but also allows potential areas of conflict to be identified and resolved at an early stage. This makes the digitalization of contractual processes a key success factor that not only increases efficiency, but also ensures the long-term security of business relationships. Companies that follow this path demonstrate innovative strength and a forward-looking approach – qualities that are essential in today’s competitive environment.

Overall, it is clear that the fusion of technology and law is an essential prerequisite for the successful implementation of modern contract processes. The legal foundations, technical security standards and comprehensive risk management work hand in hand to enable legally compliant and efficient digitalization. Business decisions made on this basis not only create internal added value, but also strengthen the trust of business partners and investors. Continuous adaptation to new legal developments and technological innovations is of central importance. Companies should therefore continuously invest in the further training of their employees and the optimization of their IT structures in order to keep pace with global competition in the long term. Those who meet these challenges with an integrative and interdisciplinary approach will lay the foundations for sustainable corporate success and smooth digital contracting. In conclusion, the path to legally compliant digitalization is a continuous process that combines technological, organizational and legal excellence – a strategy that every forward-looking company should pursue.

Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.