European Union: The eIDAS Regulation

The European Union's electronic Identification, Authentication, and trust Services (eIDAS) regulation, effective since 2016, creates the world's most comprehensive digital signature framework. Unlike the technology-neutral U.S. approach, eIDAS establishes three distinct levels of electronic signatures with different legal effects. This tiered approach provides clarity about signature requirements while accommodating various use cases and security needs.

Simple Electronic Signatures (SES) under eIDAS include any electronic data attached to or associated with other electronic data used by the signatory to sign. These might include typed names, scanned signatures, or clicking "I agree" buttons. While legally valid, simple signatures may face evidentiary challenges if disputed. Advanced Electronic Signatures (AES) must meet additional requirements: unique identification of the signer, sole control by the signer, linkage to signed data detecting subsequent changes, and creation using means the signer maintains under sole control.

Qualified Electronic Signatures (QES) represent eIDAS's highest level, requiring advanced signatures created by qualified signature creation devices and based on qualified certificates. QES have the same legal effect as handwritten signatures throughout the EU and cannot be denied legal effect solely because they're electronic. This mutual recognition across EU member states enables seamless cross-border transactions. The regulation also addresses trust services like timestamps, electronic seals, and website authentication certificates.