Simple electronic signature - how does it work?

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In a nutshell: What is a simple electronic signature?

The simple electronic signature (EES) is the most accessible form of digital signature under the eIDAS Regulation. It includes, for example, a typed name, a scanned signature, a checkmark in an online form, or a touchscreen signature. It is legally valid for all contracts that do not require a written form by law. For documents involving a higher liability risk or subject to statutory form requirements, an advanced electronic signature (AES) or a qualified electronic signature (QES) is required instead.

Signing contracts digitally instead of printing, signing, scanning, and returning them. For many companies, this sounds appealing, but the question remains: Which form of electronic signature is legally sufficient, and when is more required? The answer depends on the type of contract and the associated liability risk. In this article, you’ll learn exactly what a simple electronic signature is, for which documents it is sufficient in everyday business, and where the boundaries lie with advanced and qualified signatures.

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What significance do simple electronic signatures have for companies?

It is well known that contracts are only considered legally binding once "the ink is dry." You could also say that the signature makes the contract—and this naturally also applies to digital signatures on digital contracts. It is therefore only logical that ContractHero has addressed the issue of signatures with the expansion of its digital contract management solution. From now on, ContractHero users can request signatures from their contract partners directly via the software. In other words, ContractHero is opening up to new contracts.

In this blog post, we’ll explain what this means for the field of digital contract management, what benefits it offers small and medium-sized businesses and startups, and what advantages it provides compared to standalone signature solutions.

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What is a simple digital signature?

As a result of the implementation of the eIDAS Regulation, there are uniform requirements for electronic signatures throughout the EU. Three types are considered:

The electronic signature, also called a simple signature, can be, for example, a scanned or photographed signature, but also a check mark set in a form.

The advanced electronic signature can be technically uniquely assigned to the signatory and enables identification based on uniquely assignable biometric features, such as the IP address, a unique link and a digital audit trail.

The highest form is the qualified electronic signaturewhich, with a secure signature creation based on a certificate, ensures that it corresponds to a personal signature and is therefore suitable for all transactions in the company.

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‍Legal validity of the simple electronic signature

The simple electronic signature (EES) is widely used in Germany, as many contracts are not subject to any specific formal requirements. Its legal validity is based on the fact that electronic data is added to a document. Nevertheless, it has a comparatively low probative value, as the identity of the person signing is difficult to prove unequivocally. It is therefore ideal for form-free documents with a low liability risk and offers a pragmatic solution in business contexts where no strict legal requirements are placed on the signature.

The eIDAS Regulation defines the electronic signature in Article 3(10). The EES meets this basic definition exactly, without any additional requirements. A court may not deny its legal effect solely because it is electronic.

Generally speaking, this term refers to all forms of signatures that do not meet the requirements for an advanced electronic signature (FES) or a qualified electronic signature (QES). In court, the judge has discretion in evaluating EES and FES. Only for the QES does the presumption of authenticity apply.

Characteristic	EES (simple)	FES (advanced)	QES (qualified)
What is that?	The simplest form, e.g., a typed name, a scanned signature, and a click on “Agree”	A unique identifier associated with a specific person, such as a login and SMS code	Highest level with a qualified certificate following prior identity verification, e.g., via video identification
Legal Basis (EU)	Art. 3, No. 10 of eIDAS	Art. 3, No. 11, and Art. 26 of eIDAS	Art. 3, No. 12, and Art. 25, para. 2, of eIDAS
Identity Verified	No	Yes, you can choose any method	Yes, through a qualified trust service provider
Changes are noticeable	Not required	Yes	Yes
Evidentiary Value in Germany	Discretionary assessment by the court, generally limited (Section 286 of the Code of Civil Procedure)	Discretionary assessment by the court, high (§ 286 ZPO)	Preliminary Evidence of Authenticity (Section 371a of the Code of Civil Procedure)
Replaces the written form requirement in Germany	No	No	Yes (Section 126a of the German Civil Code (BGB)), unless the law excludes the electronic form
Replaces the written form requirement in Austria	No	No	Yes (Section 4 of the Road Traffic Act), with exceptions
Replaces a signature in Switzerland	No	No	Only a QES in accordance with ZertES with a qualified timestamp (Art. 14, para. 2bis, OR)
Typical Contracts	Informal, low-risk contracts; internal approvals	NDAs, purchase agreements, service agreements, and software agreements; open-ended employment contracts	Fixed-Term Employment Contracts, Contracts Requiring Written Form by Law

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Examples of simple electronic signatures

The simple electronic signature can be used in a variety of scenarios, especially for digitally managed documents that are not subject to any legal formal requirements and entail a low liability risk. Examples of this are

An e-mail signature that serves as consent.
Confirmation of receipt of a parcel by means of a signature.
A scanned image of a handwritten signature.
Setting a check mark in a check box as consent in an online form.
A signature that is made directly on a tablet or smartphone using a touchscreen or smart pencil.
Typing the full name into a digital document as confirmation.

These use cases demonstrate the flexibility and user-friendliness of the simple electronic signature and underline its relevance for everyday business processes.

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Basic advantages of a simple electronic signature

Speed

With electronic signatures, contracts can be processed much faster. Sending, signing and returning are done with just a few clicks and without the hassle of waiting for the post office. Waiting for paper contracts by post is a thing of the past.

Cost reduction

From time savings to less consumption of paper and ink, less need for maintenance or repair of printers to fewer folders, shelves and, in extreme cases, rooms - electronically signed and digitally filed contracts significantly reduce administrative costs.

Efficiency

Electronic signatures streamline the various stages of contract management and also enable a high degree of automation, particularly when contracts are entered into appropriate contract management tools. This frees up staff members responsible for contract management from redundant tasks, allowing them to focus on value-added activities.

Security

Compared to "wet signatures", electronic signatures offer significantly better legal protection, as they are fully traceable and allow the signatory to be identified. Digital storage and corresponding backups also protect contracts against damage (e.g. fire, water, accidental disposal).

Conserving resources

Electronic signatures enable a paper-free signature process - in contrast to paper contracts with a minimal footprint in transport, delivery and storage.

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Digital " contract management " vs. e-Signature Solutions?

When comparing “contract management ” software and standalone electronic signature solutions side by side, one might often conclude that they are in competition with one another. While this may indeed be true for many providers, the true benefit lies in combining both types—for software providers and users alike. By integrating the best contract management tool with the best signature service, everyone wins.

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The 5 most important advantages of a digital contract management signature solution

Both existing, digitised contracts and newly signed contracts can be administered via a single interface

Users only need one solution and do not need to export or import between different solutions.

Contract renewals, adjustments and amendments also do not have to be imported / digitised but are automatically entered into the contract portfolio

The entire chain of contract drafting, signing, management and filing can be 100 percent paperless

Software providers can concentrate on the core of their solutions and further improve them for the benefit of the users.

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Electronic Signatures in ContractHero

With ContractHero, you can send contracts directly for signature. The advanced electronic signature (FES) is included starting with the Professional plan. The qualified electronic signature (QES) via D-Trust is available as an add-on.

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Electronic signature process at ContractHero:

The user selects the desired contract from the ContractHero contract overview.
The status of the contract is changed to 'Draft'. The user selects the desired signature type - either a simple electronic signature (EES), an advanced electronic signature (FES) or a qualified electronic signature (QES).
The user can now define specific fields in the contract where the signature should take place. It is also possible to add further information such as the name of the signatory and the date.
The user specifies the order in which the contract partners should sign the contract and determines whether this should take place simultaneously or consecutively. If necessary, automatic reminders can be sent to the contract partners if a signature is still outstanding.
The contract partners receive an email with a link to the contract. After opening the link, the contract can be signed using a mouse, touchscreen or smart pencil, depending on the end device.
Once all the required signatures have been provided, the fully signed contract is automatically saved in ContractHero. Both the sender and the signatories receive a PDF version of the signed contract by email.
ContractHero's dashboard gives users a clear overview of the status of signatures. They can immediately see whether and where signatures are still missing in the contract, which considerably simplifies the entire document management process and makes it more transparent for all parties involved.

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Frequently asked questions

Is a simple electronic signature legally valid?

Yes, a simple electronic signature can be legally valid. It is particularly suitable for contracts and documents for which no specific legal form is required. This includes many simple business agreements, internal approvals, or confirmations. It is important to note the limitation: a simple electronic signature does not replace the written form required by law. If a law requires the written form, a qualified electronic signature is generally required. In certain cases, the electronic form is even excluded, such as with terminations under labor law. In short: A simple electronic signature is legally valid, but not sufficient for every contract. The decisive factor is always whether a specific form is required for the particular document.

When is a simple electronic signature sufficient?

A simple electronic signature is sufficient, particularly for documents that are not required by law to be in writing or notarized. Typical examples include internal approvals, simple confirmations, agreements not subject to any specific form requirements, or documents involving a low liability risk. A simple electronic signature is sufficient precisely for such documents that are not subject to any formal requirements and involve low risk. It is not sufficient, however, when the law requires a specific form. In cases where the law requires the written form, a qualified electronic signature is generally required. For certain legal proceedings, the electronic form is even excluded, such as in the case of terminations and termination agreements under labor law.

What does a simple electronic signature look like?

A simple electronic signature can take many different forms. It can appear as a scanned signature, a typed name, a checkmark in an online form, an email signature, or a touchscreen signature. The European Commission even cites the name at the bottom of an email as a possible example of an electronic signature. It is important to note that a simple electronic signature does not follow strict technical requirements. It does not have to uniquely identify the signatory and does not automatically protect the document from subsequent changes. Therefore, its evidentiary value is lower than that of advanced or qualified electronic signatures.

What are some examples of a simple electronic signature?

Typical examples of a simple electronic signature include a typed name at the bottom of a contract, a scanned handwritten signature in a PDF, a checkbox indicating consent in an online form, an email signature, or a signature on a tablet. In practice, these options are particularly suitable for quick, informal processes. These include internal confirmations, simple approvals, or agreements where no specific legal form is required and the risk of proof remains manageable.

How do I create a simple electronic signature?

A simple electronic signature can be created by entering your name into a digital document, inserting a scanned signature, checking a box, or signing directly on a touchscreen. With signature tools, you can also place a signature field in the document and send the contract for signature. For businesses, a structured process makes more sense than a standalone image file. The document should be clearly versioned, sent to the correct person, and stored centrally after it is signed. This ensures that it is clear which document was approved and which version of the contract was signed.

Simple electronic signature - what is it and how does it work?