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Simple electronic signature or an “I accept” click? When it is enough under eIDAS Article 25, and when it is not

Under eIDAS Article 25 an e-signature can’t be refused just for being electronic. When an “I accept” click or a simple e-signature is enough, and when not.


An “I accept” click or a simple electronic signature is often enough where the law requires no particular form: accepting a quote, confirming an order, agreeing to terms of cooperation or approving something internally. In the EU, eIDAS Article 25(1) says an electronic signature cannot be refused legal effect or as evidence just because it is electronic. It is not enough where the law requires written form, a qualified signature or a notary, and in a dispute its weight depends on the evidence you kept.

This article explains the difference between a click and a signature, the three eIDAS levels, and how to tell which one a document needs.

What eIDAS Article 25 actually says

The EU eIDAS Regulation (No 910/2014) sets three rules in Article 25:

  1. An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely because it is electronic or because it does not meet the requirements for a qualified signature.
  2. A qualified electronic signature has the equivalent legal effect of a handwritten signature.
  3. A qualified signature based on a qualified certificate issued in one member state is recognised as qualified in all other member states.

Two things follow. First, a simple signature is not worthless: a court may not dismiss it merely for being electronic. Second, eIDAS guarantees handwritten-equivalent effect only to the qualified level. What a simple or advanced signature achieves beyond that is left to national law and to the circumstances.

Three levels of electronic signature

Level eIDAS definition, in short Typical form Typical use
Simple (SES) Data in electronic form attached to or logically associated with other data and used by the signatory to sign (Art. 3(10)) Typed name, drawn signature, a confirmed click in a signing flow Quotes, order confirmations, internal approvals
Advanced (AES) Uniquely linked to and capable of identifying the signatory, created with data under their sole control, and reveals later changes (Art. 26) Signature with identity verification and cryptographic sealing Contracts where you want stronger proof of who signed
Qualified (QES) Advanced signature made with a qualified device and based on a qualified certificate (Art. 3(12)) Issued with a qualified trust service provider Where the law requires handwritten-equivalent form

A click is not automatically a signature

People often use “clickwrap”, “click to accept” and “e-signature” as if they were the same. They overlap, but they answer different questions.

  • A click records a decision. When a client presses “I accept” under an offer, that can express agreement to a contract. EU law requires member states to allow contracts to be concluded by electronic means (Article 9 of the E-commerce Directive), with exceptions such as certain real estate, family and succession matters.
  • A signature links a person to a specific document. A signing flow usually shows the exact document, asks the signer to draw or type a signature, and records evidence: which version was signed, when and through which access.

A well-built click flow can also be a simple electronic signature, because the click is data logically associated with the document and used to agree to it. But whether a particular click counts as a signature in your legal system, and what it proves, depends on how it was set up and on the applicable law.

When a click or simple signature is usually enough

Where the law imposes no special form, the parties are generally free to agree how a contract is concluded. In practice, a click or simple signature is commonly used for:

  • accepting a quote or proposal,
  • order confirmations and purchase orders,
  • terms of cooperation between businesses,
  • internal approvals and acknowledgements,
  • many service agreements and NDAs, where no form is prescribed.

When it is not enough

Some documents need more. Examples:

  • Germany. Where the law requires written form (§ 126 BGB), the electronic form needs a qualified electronic signature (§ 126a BGB), unless a provision excludes electronic form altogether. Text form (§ 126b BGB), by contrast, needs no signature at all, only a readable declaration naming the person.
  • Spain. The LSSI treats a written-form requirement for a contract as met when the contract is on an electronic medium, with exceptions, such as contracts that need a notary or public registration.
  • Public authorities. Many procedures require a qualified signature or a national electronic ID.
  • Specific contract types. Depending on the country, guarantees, some employment or rental documents, real estate and family matters can have their own form rules.

If the form matters, check the rule for that document in the relevant country before choosing how to sign.

What makes a simple signature hold up

When a simple signature is challenged, the question becomes: can you show who signed, what exactly they signed, and when? Keep:

  • The exact document version, ideally with a cryptographic fingerprint (hash) recorded at signing.
  • How the signer accessed it, for example a one-time code sent to their email. Note that this shows access to a mailbox, not identity or authority to sign for a company.
  • Time and technical context, such as time, IP address and browser.
  • A tamper-evident record, so that later changes would show.

The more of this you have, the easier it is to explain what happened. None of it turns a simple signature into an advanced or qualified one.

Outside the EU

Other countries have their own rules. In the United States, the federal ESIGN Act says a signature, contract or record may not be denied legal effect solely because it is in electronic form, with some kinds of documents excluded. That does not make every contract valid, and it does not settle form requirements for specific documents.

Signing and accepting in HawkOpen

HawkOpen, the email, document and proposal tracking app made by TriStiX S.L., offers two different tools. Both are currently a preview: HawkOpen accepts documents only once an external malware-scanning service is switched on, and it is not switched on yet.

  • Signature request. One signer receives a PDF, confirms a one-time code sent to their email, ticks the consent box and signs in the browser with a drawn signature or a typed name. HawkOpen records the document’s SHA-256 fingerprint and signs the record with an Ed25519 key. The evidence report lists, among other things, the document fingerprint, the times of the key steps and the signature, and links to a public verification page.
  • Proposal acceptance. A proposal link lets the client accept, after confirming their address with a one-time code. HawkOpen records the decision as a confirmation it signs, without a drawn or typed signature.

Both are simple electronic signatures at most. HawkOpen’s signature is neither advanced nor qualified, HawkOpen does not issue qualified certificates, and the times in the evidence report come from HawkOpen’s server clock, not from a qualified timestamp. For documents that need a qualified signature, use a qualified trust service provider.

HawkOpen is in a controlled launch. The FAQ on which e-signature level a contract needs and the e-signature overview go into more detail. If the signature comes at the end of a proposal, see also how to read time per page in proposals.

Please note: This information is general and relates to HawkOpen’s features. It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. You make the decisions about your own activities and, where necessary, seek advice from a qualified professional. This does not limit any rights you have under mandatory law.

Questions and answers

Is clicking “I accept” legally binding?

It can be. A click can express agreement to a contract, and EU law requires member states to allow contracts concluded electronically, with some exceptions. Whether it is enough for your document depends on the form the applicable law requires.

Is a click the same as an electronic signature?

Not necessarily. A click records a decision; a signature process usually links a specific document to a specific signer with more evidence. Whether a click also counts as a simple electronic signature depends on how it is set up and on the applicable law.

When do I need a qualified electronic signature?

When the law requires a handwritten-equivalent form, such as written form in Germany under § 126 BGB, or when an authority or counterparty demands it. A qualified signature is issued with the help of a qualified trust service provider.

Is a simple electronic signature valid outside the EU?

Many countries accept electronic signatures. In the United States, the ESIGN Act says a signature or contract may not be denied legal effect solely because it is electronic, though some documents are excluded. Check the rules of the country concerned.

Sources

  1. Regulation (EU) No 910/2014 (eIDAS), Articles 3, 25 and 26
  2. Directive 2000/31/EC on electronic commerce, Article 9
  3. German Civil Code (BGB) § 126 Written form
  4. German Civil Code (BGB) § 126a Electronic form
  5. German Civil Code (BGB) § 126b Text form
  6. Spain: Ley 34/2002 de servicios de la sociedad de la información (LSSI)
  7. United States: Electronic Signatures in Global and National Commerce Act (Public Law 106-229)

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