Electronic signatures are digital indicators of a person's agreement with the content of a document, serving as a legal alternative to handwritten signatures.
Types of Electronic Signatures
The eIDAS Regulation defines three levels of electronic signatures, each offering different security standards and verification processes:
1. Simple Electronic Signature - Basic form; includes something as simple as a name typed into an email.
2. Advanced Electronic Signature (AdES) - Includes additional safeguards such as a unique identifier, control by the signer and tamper detection, usually enabled by public key infrastructure (PKI) technology.
3. Qualified Electronic Signature (QES) - The most secure; created using qualified devices (e.g. smart cards) and certified by recognized providers. Legally equivalent to handwritten signatures with legal recognition throughout the EU. QES is ideal for high-profile agreements, especially in a cross-border context.
When and why to use electronic signatures
Electronic signatures simplify many applications, including contracts, transactions and administrative tasks. There are many advantages for users:
- Efficiency: Digital signatures save time by eliminating paper processes and travel.
- Security: Enhanced protection against tampering, guaranteeing data integrity.
- Cost reduction: Reduces operating costs associated with printing, sending and storing physical documents.
- Sustainability: By eliminating paper, organizations reduce their carbon footprint.
- Convenience: Offers a simplified and hassle-free signing experience for all parties involved.
In short, e-signatures offer a secure, legally recognized solution for modernizing workflows and reducing operational burdens across the EU.
Electronic signatures in the context of real estate
Advanced and qualified electronic signatures (AdES and QES) are especially valuable in real estate transactions, where it is essential to guarantee the security and legal validity of documents.
The use of advanced signatures ensures that documents such as brokerage or rental contracts are unalterable, uniquely linked to the signatory and protected against unauthorized changes.
Qualified signatures offer an even higher level of security and legal certainty, being fully equivalent to handwritten signatures with legal recognition throughout the EU.
This level of verification is especially necessary for signing documents such as a promissory contract or a deed for a house, and is also very useful in cross-border contexts.
By implementing electronic signatures, estate agents and their clients can simplify complex signing processes, reduce delays and strengthen trust and transparency, while maintaining strict legal standards.