Definition and types of electronic signature The electronic signature is a digital procedure for ensuring the authenticity of electronic declarations and for uniquely identifying the signatory. Within the European Union, the eIDAS Regulation (EU) 910/2014 regulates the legal framework and defines three types of electronic signatures:

• Simple electronic signatures (EES): These include simple electronic procedures such as scanned signatures or clicking on consent boxes (“I agree”).
• Advanced electronic signatures (FES): These fulfill special security requirements, in particular they must be clearly assigned to a signatory and protected against subsequent changes.
• Qualified electronic signatures (QES): These represent the highest security level and require a qualified certificate and a secure signature creation device.

Legal equivalence of the qualified electronic signature According to Art. 25 of the eIDAS Regulation, the qualified electronic signature (QES) is legally equivalent to a handwritten signature. This has been expressly implemented in Germany in Section 126a of the German Civil Code (BGB). This means that wherever a written form is required in accordance with Section 126 BGB, this can be replaced by a QES, but not by a mere advanced or simple electronic signature. In practical terms, this means, for example, that notices of termination of employment or rental contracts can only be validly declared electronically with a QES.

Trust service providers and technical requirements Electronic signatures, in particular qualified electronic signatures, are issued by so-called trust service providers. Such providers, such as trust centers, issue qualified certificates after careful identity verification. Technically, electronic signatures are generally based on asymmetric cryptography, in which a private key is used to create the signature and a public key to verify it.

Other instruments of the eIDAS Regulation In addition to the electronic signature, the eIDAS Regulation also recognizes other instruments such as the electronic seal, which is intended for legal entities, and electronic time stamps, which can be used to document the exact time of a signature in a legally binding manner. These instruments significantly enhance the possibilities of digital legal transactions.

Acceptance and practical challenges Although the qualified electronic signature has the same legal status, it is still used comparatively rarely in practice. This is often due to the traditional roots of handwritten signatures, a lack of trust and technical challenges. Companies and public authorities are therefore faced with the task of further strengthening trust in digital signature procedures through technical education and user-friendly systems.

Electronic legal transactions in the judiciary However, advancing digitalization, particularly in the judiciary, is increasing the importance of electronic signatures. In accordance with Section 130a of the German Code of Civil Procedure (ZPO), the German judiciary permits the electronic submission of complaints and pleadings if they are provided with a qualified electronic signature. These regulations are trend-setting and contribute to the further establishment of digital procedures in legal contexts.

Future prospects for electronic signatures In the long term, electronic signatures are likely to gain in importance, particularly due to technological developments, the increasing digitalization of business processes and legal impetus from the EU to harmonize and promote digital trust services. Companies and public authorities should invest in appropriate technologies at an early stage in order to make the transition to fully digital processes legally compliant and to fully exploit the advantages of efficient, paperless processes.

Conclusion on electronic signatures Electronic signatures, especially in their qualified form, are a key component in ensuring the legal and technical integrity of digital business processes. Its consistent use can help to make processes more efficient, secure and user-friendly, but requires continuous promotion in terms of acceptance and technical implementation.