Electronic signature

An electronic signature is a technical process that lets you express consent on a digital document with the same legal value as a handwritten signature. The eIDAS Regulation (910/2014), directly applicable across the entire European Union, defines three levels of signature: the simple signature (a click, a checkbox), the advanced signature (uniquely linked to the signatory, under their sole control) and the qualified signature (created by a certified device, legally equivalent to a handwritten signature).

The qualified signature benefits from a presumption of reliability that shifts the burden of proof: it is up to the party challenging the signature to prove it is invalid, not up to the signatory to prove it is authentic. The eIDAS 2.0 Regulation (May 2024) introduces the EUDI Wallet, planned for 2025-2026, which will let every European citizen sign electronically from their smartphone at the qualified level.

In Europe, players such as Yousign (a French legaltech) and DocuSign lead the market. Electronic signature fits naturally into CLM workflows, LegalOps processes and virtual data rooms. For lawyers, it has become a daily tool: signing engagement letters, private agreements, memoranda of understanding and fee agreements.