BizCortex documentation

Electronic signature: legal level and written form

Which signature level BizCortex reaches and when you must not use it.

Under the EU eIDAS regulation there are three levels: simple (SES), advanced (AdES) and qualified (QES). The built in BizCortex signature is a strong simple electronic signature with audit evidence. With an SMS code and a trusted seal certificate it meets most properties of an advanced signature, but there is no identity check with an ID document, so do not promise an advanced signature to customers. It is never a qualified signature.

The audit certificate states this: the signature does not replace a qualified electronic signature where the law requires written form.

Who can use this

  • Everyone who sends documents for signature

Fields and options

Simple (SES)

Reached by every BizCortex signature. Enough for form free contracts: most quotes, orders, NDAs, service and freelance contracts, and for text form.

Advanced (AdES)

Partly approximated with SMS code, trusted seal and timestamp. Courts assess it freely.

Qualified (QES)

Equal to a handwritten signature. Needs a qualified trust service provider (such as Skribble, Yousign or D Trust). This is not available yet.

Good to know

  • Written form warning (Germany): where a law demands written form (§ 126 BGB), only a qualified signature or ink is valid. Examples: the fixed term clause of an employment contract (§ 14 TzBfG), rental contracts over one year (§ 550 BGB), post contractual non compete clauses (§ 74 HGB).
  • Ink only, not even QES: termination of employment and termination agreements (§ 623 BGB), guarantees by non merchants (§ 766 BGB), promise and acknowledgement of debt (§§ 780, 781 BGB). Employment certificates in electronic form need the employee's consent.
  • Notarial form (real estate, GmbH shares, marriage contracts): no electronic signature at all.
  • Other countries have their own rules. In Switzerland only a QES under ZertES equals a handwritten signature; Austria has its own signature law. Check before relying on a simple signature.
  • Qualified signatures through providers such as Skribble, Yousign and D Trust: This is not available yet. Their cards already exist in Connections so you can store credentials.

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