Advanced Electronic Signature (AES)

The Advanced Electronic Signature (AES)

Electronic signatures significantly simplify the daily work in companies. For example, the advanced electronic signature, or AES, can facilitate contract completions by enabling digital signatures. Studies also indicate that electronic signatures can make document processes up to 60% more efficient.

For it to be legally recognized, the advanced electronic signature must meet strict requirements. According to the law, the AES is used for documents that do not need to be signed by hand. The AES already provides strong evidence when it comes to identifying the signing person.

Definition of the Advanced Electronic Signature – AES

In addition to “AES,” the abbreviation “AES” is also used – derived from the English term “Advanced Electronic Signature.”

The advanced electronic signature is one of the three e-signature standards outlined in the eIDAS regulation.

Here is an overview of the three forms:

• Simple Electronic Signature (SES)
• Advanced Electronic Signature (AES)
• Qualified Electronic Signature (QES)

The Liability Risk in Choosing the Appropriate Signature Method

The choice of signature method can be determined based on the liability risk. For low liability risk, the simple electronic signature (SES) is sufficient. The advanced electronic signature (AES) can be used for calculable liability risks. The qualified electronic signature (QES) should always be used for high liability risks.

The eIDAS regulation has been binding for all EU Member States since July 1, 2016. It contains the legal basis for electronic trust services as well as the three forms of electronic signature.

According to eIDAS, the advanced electronic signature must meet the following requirements:

• An AES must be clearly assignable to a specific person as the signer. This requires appropriate identification means or certificates.
• It must be possible to authenticate the signing person through the signature, for example, with a password or a custom-created PIN.
• It must either be impossible to alter the document after signing, or any alteration must be clearly recognizable. Various encryption techniques are recommended here.
• A corresponding timestamp shows when the signing took place.

It is recommended that professional signature software be used to meet these legal requirements. A corresponding certificate ensures that the advanced electronic signature is trustworthy. The digital certificate contains data that clearly identifies the person who signed the document. Thanks to the eIDAS regulation, the AES can be used in all EU Member States.

Areas of Application for the Advanced Electronic Signature

The advanced electronic signature (AES) can be used for numerous types of documents and contracts, provided the document or contract does not require a handwritten signature.

The written form requirement is based on § 126 BGB. The written form enhances the clarity and provability of a contract or agreement. The documentation is done physically as the signature is done by hand. An exception is notary-certified signatures.

It is now possible to replace the written form with a digital solution. However, only a qualified electronic signature (QES) is recognized for this purpose. An advanced electronic signature (AES) is not sufficient.

Possible use cases for the advanced electronic signature include:

• Signing indefinite employment contracts
• Acknowledging purchase contracts that do not require a specific form

All types of documents with increased liability risk can be signed with the AES, provided that neither a notary certification nor the written form requirement is mandatory.

Security of the Advanced Electronic Signature

If all legal requirements are met and professional software is used, the AES is a secure option for many digital signature applications. However, it is not completely tamper-proof. The qualified electronic signature (QES) is recommended to exclude any possibility of tampering.

QES: The Qualified Electronic Signature as a Special Feature

Unlike the simple (SES) and advanced (AES) electronic signatures, the qualified electronic signature (QES) has a special legal status. From a legal perspective, it is equivalent to a handwritten signature. The QES is created with a secure signature creation device (SSEE), which prevents any possible tampering of the signature.

FAQ about the AES: Answers to Frequently Asked Questions

Below are the answers to frequently asked questions about the advanced electronic signature.

How do advanced and simple electronic signatures differ?

The simple electronic signature (SES) is the simplest form of electronic signature. It links digital data with other digital data. Examples of an SES include email signatures, scanned signatures on applications and a clicked checkbox to accept the terms and conditions of a privacy policy.

The advanced electronic signature (AES) can be uniquely assigned to the signing person, unlike the simple variant. To this end, the document contains an individual signature key. This ensures that the signed document is not subsequently altered. However, the advanced electronic signature is not 100% tamper-proof. In cases with corresponding security needs, the qualified electronic signature (QES) is used.

Are advanced electronic signatures recognized in different countries?

Yes, thanks to the eIDAS regulation, the advanced electronic signature (AES) and other forms of electronic signature are recognized in all EU Member States. The eIDAS regulation has been in effect since July 1, 2016. It includes legal foundations for electronic trust services and the three types of electronic signature.

Can advanced electronic signatures be used for all types of contracts and documents?

The advanced electronic signature can be used for documents with increased liability risk, such as signing employment contracts or acknowledging purchase contracts without a specific form requirement. However, the AES is not suitable for documents that require notarial certification or have a written form requirement. For these, the qualified electronic signature (QES) offers a digital solution.

Can an advanced electronic signature be forged or tampered with?

While the advanced electronic signature is considered a solid solution for digital signatures in many cases, it is not completely tamper-proof. Therefore, for scenarios with high liability risk – as well as documents requiring notarial certification or the written form requirement – the qualified electronic signature (QES) is used.

About WebID

For professional solutions for electronic signatures, WebID is the right contact. With our innovative products, we combine electronic signatures with high-quality identity verification solutions. This ensures a secure process for your company, starting from onboarding to contract completion and everyday work.

Digital signing is the future for many industries, both for internal and external processes. Electronic signatures can optimize business processes and secure online transactions. Solutions like VideoID or SignID stand for quick and secure authentication processes.

Learn more now about our easily integrable and innovative solutions for the advanced electronic signature.