If we look at the Regulation (EU) No 910/2014 (eIDAS), the three types of electronic signatures are defined as:
Electronic signature “means data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign”. We see that in reality the term “simple signature” does not exist either, but we use such term to refer to a first basic level of signature without more attributes.
Advanced electronic signature “means an electronic signature which meets the requirements set out in Article 26”. These requirements are “a) it is uniquely linked to the signatory; b) it is capable of identifying the signatory; c) it is created using electronic signature creation data that the signatory can, with a high level of confidence, use under his sole control; and d) it is linked to the data signed therewith in such a way that any subsequent change in the data is detectable”. Obviously, the legislator was thinking about the public key technology (PKI) when he defined the advanced e-signature, but the technological neutrality principle prevents from limiting it to this.
Qualified electronic signature “means an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures”. That is to say, the qualified electronic signature is one based on a public key that also uses a secure signature creation device and a qualified certificate.
For an eSignature to be considered qualified, several conditions must apply: a certificate with characteristics and requirements of prior identification of the signer by an audited entity and enabled to do so must be used, the keys on which the certificate is based have to be issued on a cryptographic card or equivalent server device using a double factor of authentication, etc.
For all the above reasons, the qualified electronic signature is not easy to achieve and has quite a few limitations in terms of usability but, as a counterpart, it is granted by law the maximum guarantees and the functional equivalence with the handwritten signature.
Electronic signature “means data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign”. We see that in reality the term “simple signature” does not exist either, but we use such term to refer to a first basic level of signature without more attributes.
Advanced electronic signature “means an electronic signature which meets the requirements set out in Article 26”. These requirements are “a) it is uniquely linked to the signatory; b) it is capable of identifying the signatory; c) it is created using electronic signature creation data that the signatory can, with a high level of confidence, use under his sole control; and d) it is linked to the data signed therewith in such a way that any subsequent change in the data is detectable”. Obviously, the legislator was thinking about the public key technology (PKI) when he defined the advanced e-signature, but the technological neutrality principle prevents from limiting it to this.
Qualified electronic signature “means an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures”. That is to say, the qualified electronic signature is one based on a public key that also uses a secure signature creation device and a qualified certificate.
For an eSignature to be considered qualified, several conditions must apply: a certificate with characteristics and requirements of prior identification of the signer by an audited entity and enabled to do so must be used, the keys on which the certificate is based have to be issued on a cryptographic card or equivalent server device using a double factor of authentication, etc.
For all the above reasons, the qualified electronic signature is not easy to achieve and has quite a few limitations in terms of usability but, as a counterpart, it is granted by law the maximum guarantees and the functional equivalence with the handwritten signature.