The new digital signature is here – but what kind of electronic signature is valid?

Legal Framework (eIDAS Regulation)

The legal basis for electronic signatures in the EU is the eIDAS Regulation, which has been directly applicable in all member states since 2016. This regulation distinguishes three types of electronic signatures:

1. Simple Electronic Signature (SES)

   • Examples: An email signature, scanned handwritten signature, or inserted signature image in a PDF.
   • No legal presumption of authenticity; the signer’s identity is disputable.
   • Common providers: DocuSign, HelloSign.
   • Not legally binding in Hungary but may hold weight in other jurisdictions (e.g., the U.S.).

2. Advanced Electronic Signature (AdES)

   • Must meet specific technical security requirements.
   • Presumed authenticity unless proven otherwise; linked uniquely to the signer.
   • Changes to the document after signing invalidate the signature.
   • Often issued with a certificate from a trusted provider but without personal or video identification.
   • Recognized in the EU but does not have the same legal standing as a handwritten signature.

3. Qualified Electronic Signature (QES)

   • The highest level of security, issued only by qualified trust service providers.
   • Created using a secure signature creation device (e.g., smart card or token).
   • Identity verification is required (in person or via video call).
   • Legally equivalent to a handwritten signature and must be accepted across the EU.

Qualified Electronic Signatures for Individuals

• The DÁP eSignature is a new free service available via the Digital Citizen mobile application, replacing the former AVDH system from 2025.
• Available only for private, non-commercial use.
• Providers include:
  • Microsec e-Szignó (requires a chip-enabled eID card).
  • NETLOCK (video-based remote registration, eID not required).

Qualified Electronic Signatures for Companies

• Essential for business representation, corporate electronic transactions, and legal compliance.
• Recognized across the entire European Union.
• Issued by EU-certified trust service providers (listed in the EU Trusted List).
• Used for contracts, orders, invoices, compliance documents, HR files, real estate transactions, and more.

Benefits of Adopting Electronic Signatures

• Faster and more secure transactions.
• Significant cost savings on paper, printing, and postage.
• Improved compliance with EU regulations.

As Dr. Dorottya Nagy of Jaczkovics Law Firm states:
“Switching to electronic signatures streamlines administrative processes while reducing costs. Understanding the available options and legal framework is crucial for individuals and businesses alike.”