What Is a Simple Electronic Signature and When Is It Legally Valid?

In today’s digital era, signing a document no longer requires paper or pen. However, not all electronic signatures are created equal.

The most widely used, due to its simplicity and efficiency, is the simple electronic signature, which allows the signer to be identified and linked to the document without the need for complex digital certificates.

What Is a Simple Electronic Signature?

The EU eIDAS Regulation (910/2014) defines an electronic signature as “data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign.”

The Simple Electronic Signature (SES) is the most basic form of this definition. It includes any method that demonstrates a person’s intention to accept the content of a document, for example:

• Clicking “I accept the terms and conditions.”
• Drawing a handwritten signature on a touchscreen.
• Sending an email approving an attached document.
• Using a combination of username, password, or verification code.

When Is It Legally Valid?

A simple electronic signature has full legal validity as long as it can prove:

1. Who signed (reasonable identification of the signer).
2. What was signed (the document’s content).
3. When it was signed (timestamp).
4. That there was clear intent to sign or approve.

Article 25 of the eIDAS Regulation establishes that no electronic signature can be denied legal effect merely because it is electronic or not qualified.

Therefore, a simple signature is legally valid if the system that generates it provides sufficient technical guarantees and traceability.

Common Use Cases

• Acceptance of quotes or low-value contracts.
• Order or service confirmations.
• Internal approval workflows (HR, purchasing, marketing).
• Informed consents or declarations of conformity.

In these cases, the priority is not technical complexity but sufficient evidential strength that proves who signed and what was accepted.

Differences Between Simple, Advanced, and Qualified Signatures

An advanced signature adds a unique, verifiable link between the signer and the document through technical evidence (hashes, timestamps, logs).
A qualified signature, by contrast, requires the use of a qualified digital certificate issued by a trusted provider.

Why Companies Choose Simple and Advanced Signatures

• Fast and frictionless: no certificates or software installation required.
• Legally valid: as long as full evidence of the process is generated.
• Scalable: easily integrates into approval, contracting, or notification workflows.
• Cost-efficient: reduces time and costs compared to paper or complex methods.

At eEvidence, both simple and advanced signatures are combined with registered email and qualified timestamping, providing complete traceability of the sending, signing, and acceptance process.

Why Companies Often Avoid Qualified Signatures

The Qualified Electronic Signature (QES) is the highest level of assurance defined by the eIDAS Regulation. However, in business contexts, it’s rarely necessary or practical.

Although it offers the strongest legal effect —equivalent to a handwritten signature before a notary—, its technical and operational requirements create significant friction in everyday digital workflows.

The main reasons why companies tend to avoid qualified signatures are:

• Strict identity verification: requires the signer to hold a qualified certificate issued by a trusted provider and use it with a secure device (such as a token or national ID card). This complicates remote and international processes and slows down business agility.

• Limited user experience: certificates, drivers, and security components can block the process on mobile devices or modern browsers, lowering completion rates.

• Higher operational costs: issuing, renewing, and maintaining qualified certificates for employees or clients increases both cost and administrative burden.

• Reduced flexibility: the signature flow must strictly follow the provider’s technical standards, limiting customization and automation.

• Unnecessary overcompliance: in most cases, the law does not require a qualified signature, and a properly implemented advanced signature offers equivalent legal validity with far less complexity.

For these reasons, qualified signatures are generally reserved for exceptional cases, such as interactions with public authorities or documents of high legal relevance. Companies, however, prefer simple or advanced signatures that offer security, traceability, and a smoother digital experience without sacrificing legal certainty.

Frequently Asked Questions (FAQ)

Is a simple electronic signature valid in court?

Yes, provided the system generates verifiable evidence of identity, content, and consent. The court will assess its evidential strength based on the context.

Can I use a simple signature for employment or commercial contracts?

Yes. It is valid for most private contracts, except those requiring qualified formality by law (e.g., property deeds or notarial acts).

What’s the difference between clicking to sign and using a digital certificate?

Both are electronic signatures, but a click is considered simple, while a digital certificate typically corresponds to an advanced or qualified signature.

Can I combine a simple signature with registered email?

Yes — this combination strengthens traceability and adds proof of sending, delivery, and acceptance.

Conclusion

The simple electronic signature is a fast, secure, and fully valid legal tool when properly implemented.

It allows companies to sign contracts, approvals, or consents without friction while maintaining traceability of the process.
With eEvidSign by eEvidence, it becomes a legally sound and highly efficient solution for digital document management.