The legal validity of electronic signatures – Are they truly valid?

Summary

• Electronic signatures are legally valid evidence in court, regardless of their technical level.
• The EU’s eIDAS Regulation guarantees the legal recognition of electronic signatures across all member states.
• There are three recognised levels: Simple (SES), Advanced (AES), and Qualified (QES) electronic signatures.
• AES-level signatures, using strong authentication (such as BankID or NemID/MitID), are the most practical and widely accepted choice for business use across the Nordics.
• Under eIDAS, an electronic signature cannot be denied legal effect simply because it is in electronic form or not qualified (QES).

Legally as strong as a handwritten signature

According to Article 25 of the EU’s eIDAS Regulation, a qualified electronic signature (QES) has the same legal effect as a handwritten signature.

But that’s not the whole story: the same article also confirms that any electronic signature — even a simple one — cannot be denied validity in court just because it’s electronic or not QES-level.
In other words, an electronic signature is always admissible as legal evidence, regardless of its type.

Let’s take a closer look at what the law actually says and what the three signature levels — SES, AES, and QES — mean in practice.

Understanding SES, AES, and QES

Under EU law, electronic signatures are categorised into three types:

1.Simple Electronic Signature (SES)
The most basic form of electronic signing. In practice, it could be as simple as typing your name at the bottom of a document or inserting a scanned signature into a PDF.

2. Advanced Electronic Signature (AES)
An AES must meet the four criteria set out in Article 26 of eIDAS:

• It can identify the signer.
• It is created using data that the signer can use under their sole control.
• It is linked to the signed data in a way that any later change can be detected.
• It provides a reliable method of authentication and integrity.

3.Qualified Electronic Signature (QES)
A QES is an advanced electronic signature that also relies on a qualified certificate issued by a recognised trust service provider.
These certificates and signature creation devices are approved and supervised at the EU level under eIDAS.

It’s important to note that the English term “qualified” can be misleading when translated. “Qualified” doesn’t mean “better” — it simply means that the signature has been verified by an officially accredited certificate authority.

AES vs QES — the role of certificates

The main difference between advanced (AES) and qualified (QES) electronic signatures lies in the certificate used to verify the signer’s identity.
A certificate links the signer’s identity with their digital signature — much like an ID card in the physical world.

In the Nordic region, qualified certificates (QES) are primarily issued by government-approved digital identity authorities, such as:

• BankID in Sweden and Norway
• MitID in Denmark
• Mobile identification or personal banking information in Finland

However, QES-level signing typically requires specialised hardware (such as a chip card and reader) and is therefore impractical for everyday use or mobile devices.

For that reason, Advanced Electronic Signatures (AES) are the most widely used and accepted form in the Nordics.
They combine strong authentication (e.g. BankID, MitID, or other trusted eID systems) with high security and usability — making them ideal for both private and business use.

Read more: What does electronic identification mean?

Why AES is the best choice for businesses

AES-level signatures provide the perfect balance between security, convenience, and legal certainty.
They are widely recognised by both the private and public sectors across the Nordic countries — including banks, insurance companies, and government organisations.
The only typical exceptions are certain real estate transactions that still require specialised signing systems for property registration.
In most other cases — from HR and finance to procurement and healthcare — AES-level signatures are fully accepted and legally binding.
Under eIDAS, no organisation can reject a signature simply because it is electronic or because it doesn’t reach QES level.
That principle ensures consistency and legal equality across all EU and EEA countries.

Visma Sign and the Nordic approach

Visma Sign primarily provides Advanced Electronic Signatures (AES) based on strong authentication through Nordic eID systems such as BankID, MitID, and other approved national solutions.
At the same time, the platform supports Simple Electronic Signatures (SES) for international or lighter use cases — allowing organisations to work smoothly even when signers are based outside the Nordic region.
This flexibility enables secure and compliant signing both within the Nordics and globally, without sacrificing user experience or accessibility.

Key takeaway

Electronic signatures are legally valid across Europe — and in the Nordics, AES-level signing offers the most practical and compliant solution for everyday business.
It’s secure, reliable, and recognised by both regulators and enterprises.
With Visma Sign, you can sign documents securely using familiar authentication methods — wherever your business operates.

Terhi Tella is Senior Growth Marketing Specialist at Visma Sign. She’s inspired by content and communication that create real value, and always strives to see things from the customer’s perspective.