The eIDAS Regulation, or Regulation (EU) No. 910/2014, establishes the foundations for electronic identification and trust services for electronic transactions within the European Union. Its aim is to create a system in which electronic signatures are recognised and accepted across all EU member states.
Before eIDAS, the rules governing electronic signatures were fragmented, with each country having its own rules and standards. Adopted in 2014 and applied in 2016, the eIDAS regulation established a harmonised legal framework for:
Electronic Identification (eID): Secure online authentication of individuals.
Electronic Signatures: Guarantee of the integrity and authenticity of electronically signed documents across the EU.
Trust Services: Including electronic seals, timestamps, and registered electronic delivery services, supporting secure online transactions.
The eIDAS regulation recognises that not all electronic signatures are equivalent. According to the level of security and legal weight required, eIDAS defines three distinct types of signatures:
Simple Electronic Signature (SES) | Advanced Electronic Signature (AES) | Qualified Electronic Signature (QES) |
The broadest category. Any electronic data attached or logically associated with other electronic data and used by the signatory to sign. | Must be uniquely linked to the signatory, capable of identifying the signatory, and linked to the signed data such that any subsequent change is detectable. | Offers the same guarantees as the AES, but relies on a qualified certificate issued by a trust service provider. |
Associates data with a signatory but offers no guarantee as to the signatory's identity. | Can be linked to the signatory's identity. | Ensures the strongest link between the signature and the signatory, similar to a handwritten signature with a notary stamp. |
No obligation regarding data integrity. | Data integrity is guaranteed. | Data integrity is guaranteed. |
Low-risk scenarios. | Moderate-risk scenarios. | High-risk scenarios. |
Applicability of eIDAS in France
There are specific French national laws and regulations that complement and implement the eIDAS framework:
All electronic transactions on the French market, regardless of their size or nature, fall under eIDAS regulation.
French national laws, such as the Digital Trust Law (LCN) and Decree No. 2016-1321, provide additional specifics and requirements for implementing eIDAS in France.
The ANSSI is responsible for enforcing this regulation and fulfils several key functions: granting and withdrawing qualified status to Trust Service Providers (TSPs), ensuring the security of electronic identification means, and promoting the adoption of eIDAS.
Stay compliant with Tomorro
In addition to our comprehensive contract management services, Tomorro gives you the ability to natively sign all your contracts within a single solution. Our electronic signature is fully compliant with the eIDAS regulation.