Home

​​Legal Compliance​

What are ES, AES, and QES, and what are the differences between them? Do they have legal validity?

ES, AES, and QES are three levels of electronic signatures defined under the EU’s eIDAS Regulation. Recognized as one of the most secure and reliable standards for electronic signatures globally, the eIDAS Regulation is widely adopted and referenced due to its cross-border recognition, security guarantees, legal validity, and international influence. As such, all three levels of electronic signatures carry legal force and serve as a basis for electronic signature legislation in many countries. Specifically, different levels are applied based on the risk associated with document signing—for instance, legal instruments representing the authority of state bodies typically require QES-level electronic signatures.

The differences between the three levels are as follows:

Electronic Signature Level

Identity Verification Method

Signer’s Digital Certificate

Applicable Scenarios

Security Level

Standard Electronic Signature (ES/SES)

Email verification, username/password, access codes

No (eSign platforms use their own digital certificates to encrypt and prevent tampering)

General document signing; non-sensitive, low-risk, low-liability files

★★★

Advanced Electronic Signature (AES)

Unique signer identification, two-factor authentication (e.g., SMS, biometrics)

Yes (issued by a trusted third-party provider)

Sensitive documents; high-liability commercial agreements, legal documents, decision records, etc.

★★★★

Qualified Electronic Signature (QES)

Unique signer identification, e-ID, secure hardware device verification, biometric authentication

Yes (issued by an officially accredited trust service provider)

High-security documents; property transfers, legal contracts, government filings, financial transactions, etc.

★★★★★

All three levels are legally valid, differing only in the degree of legal enforceability and security. The appropriate level depends on the signing scenario. In regions with well-established trust systems (e.g., overseas), ES is often sufficient, while AES/QES may be mandatory only for high-risk documents such as government, financial, or legally sensitive agreements. The applicable electronic signature standard must comply with local laws and regulations.

 

Which documents cannot be signed electronically?

Internationally, documents that typically cannot use electronic signatures include: wills, trusts, immigration/citizenship applications, land title transfers, and notarized documents. These involve significant personal or property changes and usually require in-person execution.

 

 

What are the differences in legal validity between different levels of electronic signatures?

Although the EU standard broadly categorizes electronic signatures into three levels (ES, AES, and QES), different countries and regions may adopt varying classifications based on local laws. For example, some jurisdictions distinguish between "electronic signatures" and "digital signatures," while others classify them as "simple electronic signatures," "advanced electronic signatures" (uncertified or certified), etc.

Ultimately, the classification of electronic signatures depends on two key factors:

  1. Whether the e-signature provider or software is government-certified and holds local accreditation.
  2. Whether the signing process includes real-name verification and issues personal/enterprise digital certificates to signers.

Currently, ES/SES-level signatures do not meet these criteria—they lack government certification and do not require real-name verification or issue digital certificates. So, how does their legal validity compare to higher-level signatures?

  • All levels of electronic signatures are legally valid if they comply with local laws. The signed documents are enforceable as long as the signing process adheres to legal requirements.
  • If local law mandates certified e-signatures (e.g., for legal instruments), using a lower-level signature carries significant risk and is not recommended.
  • If no certification is legally required, lower-level signatures remain valid, but the signing parties assume responsibility for system security, identity verification, and evidence collection. The initiating party, signers, or platform users must supplement the transaction with additional proof to strengthen legal defensibility.

 

Why is ES the most widely used standard internationally?

ES is the most prevalent e-signature standard globally (e.g., DocuSign and Adobe Sign primarily offer ES, with QES as a premium add-on). The widespread adoption of ES/SES with LA-level identity verification stems from:

  1. Credit Systems
    • Strong judicial integrity and high penalties for fraud (e.g., in the U.S., perjury in federal cases can lead to 5-year imprisonment) deter false signature disputes.
  2. Privacy Regulations
    • International data protection laws (e.g., GDPR) emphasize minimal data collection. Alternatives like two-factor authentication (2FA), SMS, or email verification suffice for identity confirmation without real-name checks.
  3. Local Communication Practices
    • Email is the default for formal document exchange globally due to its accessibility, audit trails, and security features, making it a natural channel for e-signatures.
  4. Generalizability
    • ES meets most signing needs without requiring localized certification authority (CA) integrations, which are costly and complex due to varying national standards.

 

How to Verify a Signer’s Authority When Signing with International Enterprises?

Most global e-signature platforms (including eSignGlobal) do not recognize corporate seals—contracts are binding with an authorized individual’s signature. As a provider, eSignGlobal does not validate signers’ corporate authority; thus, we recommend:

  • Pre-agreeing on the signer’s identity and contact (e.g., corporate email).
  • Requesting a power of attorney from the signer’s company if necessary.
  • For regions like Hong Kong or Japan where company seals are used, verifying the signer’s email (ideally an official domain) is critical.

 

How to Designate an Arbitration Jurisdiction for International Contracts?

The choice of arbitration venue is independent of the e-signature platform and should be mutually agreed upon in writing. Key considerations include:

  • Legal recognition of arbitration agreements in both parties’ jurisdictions.
  • Neutrality, convenience, and enforceability of the arbitration location.
  • Cost and logistical factors (e.g., travel, language barriers).
    Typically, the dominant party selects a favorable venue (e.g., Chinese companies often prefer China, Singapore, or Hong Kong).

 

How Does eSignGlobal Support Dispute Resolution?

After signing, eSignGlobal generates a Signed Completion Certificate (PDF) that logs the signing process and signer actions, encrypted with our platform certificate to prevent tampering.

Note: E-signatures are just one component of evidence. To resolve disputes successfully, users must preserve supplementary proof (e.g., payment records, delivery receipts, transaction logs)—relying solely on the e-contract is insufficient.