A distinction is made between different forms of electronic signature, all of which are legally binding but have different evidential value and are therefore suitable for very different areas of application.

  • The simple signature does not impose any requirements on the identification of whoever signs the data. There is also no requirement as to how the signed data is connected to the signature and therefore no prescribed possibility to check this. The digitized lettering of a signature (e.g. using a signature pad) represents a simple signature just like the use of an e-mail footer. Simple signatures can be upgraded by using a certificate to create them. This can be used to check the integrity of the data. If a qualified seal is used for this, the assessment of evidence in accordance with eIDAS Art. 35 (2) applies.
  • The advanced signature is created by means that the signatory can keep under his sole control. The requirements for the identification and storage of the key used are public in the Certification Practice Statement (CPS) deposited. in the CPS are all important information about the Certificate Authority (CA), whose guidelines and procedures are stored in summary form. This results in a clear assignment of the owner. The integrity of the document can also be ensured via the signature with such a certificate.
  • Within the qualified electronic signature the owner of the signature can be clearly and securely assigned, since the identification takes place, for example, via PostIdent, VideoIdent or the online ID function (eID). A qualified certificate is used, which was issued by a trust service provider confirmed in accordance with eIDAS. Only this type of signature complies with the written form  BGB §126a and is after  ZPO §371a proving.

Created: January 2021

Created: 29.10.2018 - 12: 29
Stand: 28.04.2021 - 10: 19