- SES is legally valid under eIDAS but offers no identity verification, no encryption, and no tamper protection.
- AES is the practical standard: qualified certificates, mathematical tamper detection, strong legal standing for commercial contracts.
- QES carries the same legal weight as a handwritten signature — with the burden of proof reversed in disputes.
- Most businesses need AES as their baseline. Use QES where legal certainty is non-negotiable.
Under eIDAS, three tiers of electronic signature exist — and the gap between them is the difference between signing something that's actually binding and signing something that only looks binding. Get the tier wrong and you discover it at the worst possible moment: in front of a judge.
Simple Electronic Signature: the illusion of security
SES is what most people imagine when they picture a digital signature. Someone clicks "sign", their name appears as proof they did it, and a timestamp says when. That's it.
No identity verification. No special certificate. No encryption. No tamper protection. You could forge an SES by copying another person's signature image. You could alter a document after signing and the SES would still sit there, perfectly happy. Technically, SES is barely more than metadata attached to a file.
Here's the thing: SES is technically legally valid under eIDAS. Courts will look at it. But if someone later claims they never signed, you're fighting an uphill battle. SES works fine for internal approvals where everyone trusts everyone else. The moment external parties or real risk are involved, SES is a liability dressed up as a solution.
“From a technical standpoint, SES is barely more than metadata attached to a file.”
Advanced Electronic Signature: the practical standard
AES is where most business contracts should live. It requires qualified digital certificates — a certificate authority verifies identity before issuing one. It doesn't require a government ID scan (that's QES), but it does require real verification, often a phone check combined with identity checks through other channels.
Once the certificate is in place, an AES signature becomes mathematically linked to the document. You can't alter it after signing without the signature becoming invalid. Change even one character and the whole thing breaks. Commercial contracts, NDAs, employment agreements, leasing, services — AES covers them all.
Qualified Electronic Signature: when it absolutely matters
QES is the heavyweight division. It requires a qualified certificate issued by a government-approved trust service provider, and your identity is verified in person using official documents — passport, national ID card, or equivalent. It costs more and takes longer because it's actually rigorous.
The legal difference is decisive: under eIDAS, a QES has exactly the same legal weight as a handwritten signature. Full stop. The burden of proof flips. If someone disputes a QES, they must prove it was forged. You don't have to prove it was legitimate. This matters for M&A, employment contracts with real severance exposure, credit agreements, medical records, and sensitive legal deeds.
The cost delta between AES and QES is usually smaller than people expect — often just a few euros per signature. The difference in legal protection is enormous.
Making the choice: a decision tree
Ask these questions in order:
- 1Is this internal?
Use SES. No external parties means signatures are just workflow tracking.
- 2Is this a standard commercial contract with an external party?
Move to AES. NDAs, service terms, leasing, employment — AES is the standard for a reason.
- 3Is significant money, legal complexity, or regulation involved?
Use QES. M&A. Credit agreements. Healthcare. Real estate. Employment with real severance exposure.
- 4Is your counterparty specifying a tier?
Use what they ask for. Defer to contract terms and industry standards.
Side-by-side: SES vs AES vs QES
The honest assessment
Most businesses need AES as their baseline. It's the thinking person's choice: real security without the overhead of full government ID verification, legal cover on normal commercial agreements, no unnecessary complexity.
Some businesses occasionally need QES for high-value contracts. Build that into your workflow. Know when you need it.
And SES? Unless you're using it internally or for the most trivial sign-offs, you're taking an unnecessary risk. The legal cover isn't there when things go wrong.
Sign with AES or QES from day one.
swipesign gives you real identity verification, encrypted signatures, and tamper-proof audit trails — matched to the right tier for every document.