eIDAS

What eIDAS does

eIDAS (Regulation EU 910/2014, in force since 2016) created a unified legal framework for e-signatures and digital trust services across all 27 EU member states. Key goals:

• Legal certainty — e-signatures can't be denied legal effect for being electronic
• Cross-border validity — a qualified signature in Germany is valid in Spain, France, Italy, etc.
• Trust service regulation — Trust Service Providers (TSPs) are licensed and audited
• Digital identity — member states recognize each other's national eID systems

The three signature tiers

1. Simple Electronic Signature (SES) — any electronic data attached to or associated with other electronic data, used by the signer to sign. Legal but with limited evidentiary weight.
   Examples: typed name, drawn signature, click-to-agree, scanned signature.
2. Advanced Electronic Signature (AES) — uniquely linked to the signer, capable of identifying them, created with data under sole control, and detectable if altered after signing.
   Examples: email-verified signature with audit trail; PKI-based signatures.
3. Qualified Electronic Signature (QES) — an AES created by a qualified device (QSCD) using a qualified certificate from a qualified TSP. Legally equivalent to a handwritten signature.
   Examples: signatures using national eID cards (Estonia, Belgium), Adobe EU Trust List.

When you need each level

• SES — day-to-day business contracts, NDAs, invoices, quotes
• AES — employment contracts, tenancy agreements, loan applications
• QES — real estate deeds, notarial acts, cross-border EU legal documents, public sector transactions

Most SaaS e-signature tools (including Konomic) produce SES with some AES characteristics (email verification, audit trail). QES requires integration with a licensed Trust Service Provider.

eIDAS vs ESIGN Act

• Jurisdiction: eIDAS = EU; ESIGN Act = US
• Tiers: eIDAS has three; ESIGN Act has none (single legal standard)
• Regulation: eIDAS is heavily regulated with licensed TSPs; ESIGN Act is lighter-touch
• Cross-border: eIDAS signatures work across all EU; ESIGN Act covers only US

eIDAS 2.0 (2024+)

eIDAS 2.0 adds the EU Digital Identity Wallet — every EU citizen will be entitled to a digital wallet that stores identity documents, driver's licenses, and payment methods, usable across member states. This wallet will be able to generate qualified signatures without needing separate TSP integration.