Everything you need to know about electronic signatures

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An electronic signature is data in electronic form which is attached to or logically associated with other electronic data, and which is used by the signatory to sign a document. The definition comes from the eIDAS Regulation (EU) No 910/2014 and Italy’s Digital Administration Code (CAD), both now updated by the eIDAS 2.0 Regulation (EU) 2024/1183, in force since 20 May 2024.

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At a glance

• An electronic signature is digital data used to sign an electronic document, governed by eIDAS and by Italy’s CAD.
• There are three types: Simple Electronic Signature (SES), Advanced Electronic Signature (AES) and Qualified Electronic Signature (QES).
• Only AES and QES carry full evidentiary value, equivalent to a handwritten signature.
• In Italy, “Firma Digitale” is a specific type of QES based on asymmetric-key cryptography, defined by the CAD.
• Since 20 May 2024, the eIDAS 2.0 Regulation (EU) 2024/1183 has been in force, introducing the European Digital Identity Wallet (EUDI Wallet) and new obligations for Qualified Trust Service Providers (QTSPs).
• Articles 20 and 21 of the CAD give advanced and qualified electronic signatures the same standing as a handwritten signature for most acts.

What is an electronic signature?

The definition of “electronic signature” is set out both by the eIDAS Regulation 910/2014 and by Italy’s Digital Administration Code (CAD). An electronic signature is not simply a digital drawing of a handwritten signature: it is a digital code, mark or symbol that can take many forms. It might be a username and password, it might be held on a USB key or a smart card, or it might be a fingerprint. Depending on how the signature is applied and the verification steps used to certify it, there are three types of electronic signature, from least to most secure:

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

Differences between electronic signatures: what is evidentiary value?

The list above is naturally a simplification of the differences between electronic signatures. Only the Advanced and Qualified Electronic Signature carry “evidentiary value”, meaning they can be presented in court to prove that a document, agreement or contract was actually signed. In practice, they carry the same weight as a handwritten signature.

An SES, by contrast, is not automatically equivalent to a handwritten signature by law: it is up to the judge to decide whether the process used to generate it can be considered secure.

To learn more: Signing contracts online: an increasingly common practice (article in Italian).

But what makes an advanced or qualified electronic signature a “signature” on a par with a handwritten one? To carry evidentiary value, electronic signatures must guarantee:

• identification of the signatory;
• a unique link between the signatory and the signature;
• the signatory’s exclusive control over the signature-creation system;
• the integrity of the document, which cannot be altered once signed;
• the ability to verify that the document has not been altered after signing.

Digital signature and graphometric signature

Although the term “digital signature” is often used loosely to mean any electronic signature, in Italy “Firma Digitale” is a specific type of Qualified Electronic Signature, defined by the CAD, based on asymmetric-key cryptography.

The graphometric signature, on the other hand, is a signature drawn by the signatory on a specialised tablet and automatically digitised and applied to the document. It is not a simple “drawing”: the tablet also captures biometric data that helps establish its authenticity, such as the rhythm and speed of the pen stroke, pressure, acceleration and movement.

Legal framework: CAD, eIDAS and eIDAS 2.0

The electronic signature is regulated both at national level, by Italy’s Digital Administration Code (CAD), which in turn refers to the Civil Code, and at European level by eIDAS.

“An electronic document meets the requirement of written form and has the evidentiary effect provided for by Article 2702 of the Civil Code when it bears a digital signature, another type of qualified electronic signature, or an advanced electronic signature, or is, in any case, created following electronic identification of its author.” – Italy’s Digital Adminstration Code, Art. 20

Italy’s Digital Administration Code, Art. 20

This quotation is taken from Art. 20 and is the provision that gives full legal standing to advanced electronic signatures (including the graphometric signature) and qualified electronic signatures (including “Firma Digitale”) as equivalent to a handwritten signature.

At European level, Article 25 of the eIDAS Regulation states that “an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures.” So there is no doubt about the validity of an electronic signature across Europe, including in the UK after Brexit. The validity of an electronic signature outside the EU instead depends on the country whose law governs the contract, so it is good practice to check the rules of the country in which you operate.

Since 20 May 2024, the eIDAS 2.0 Regulation (EU) 2024/1183 has updated the European framework for trust services and digital identity. Among the most significant changes for businesses: the introduction of the European Digital Identity Wallet (EUDI Wallet), which every EU member state must make available by the end of 2026 and which will also allow legally binding signatures to be applied across the Union; new technical obligations for Qualified Trust Service Providers (QTSPs), including a 21 May 2026 deadline for upgrading remotely managed qualified electronic signature and seal creation devices; and penalties for non-compliant QTSPs of up to €5 million or 1% of worldwide annual turnover, whichever is higher.

When is an electronic signature mandatory?

Italy’s Digital Administration Code sets out precisely which contracts, deeds and documents must be signed with a Qualified Electronic Signature, and which can instead be signed with an Advanced Electronic Signature.

The relevant provision is Art. 21 of the CAD, which in turn relies on Art. 1350 of the Civil Code. Electronic documents that must be signed with a QES, on pain of nullity, are those listed in Art. 1350 of the Civil Code, numbers 1 to 12. For all other documents, they can be signed with QES, AES, “Firma Digitale” or SPID (Italy’s public digital identity system).

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Expert advice

“As a general piece of advice,” said Marco Galli, Senior Associate at the law firm Gattai, Minoli, Agostinelli & Partners, speaking at an Intesa webinar, “I would say that when you’re examining a signature strategy or solution for your company, it’s also important to understand which contracts or deeds are typically signed, and to be clear about which signature solution is best suited to which type of contract.”

The benefits of electronic signatures for businesses

Electronic signatures offer many benefits: time saved in collecting signatures, cost savings in the working hours needed to collect and archive documents and in paper purchases, with a clear environmental benefit as well.

A further benefit is increased customer satisfaction, as customers can enjoy a fully digital experience when signing contracts.

Glossary

• Simple Electronic Signature (SES): the most basic form of electronic signature, with no enhanced technical guarantees; its evidentiary value is left to the judge’s assessment.
• Advanced Electronic Signature (AES): a signature uniquely linked to the signatory, created using means under their sole control; it carries full evidentiary value.
• Qualified Electronic Signature (QES): an AES based on a qualified certificate and created with a qualified device; it carries the same value as a handwritten signature.
• “Firma Digitale”: in Italy, a specific type of QES based on asymmetric-key technology, defined by the CAD.
• Graphometric signature: an AES captured via a tablet able to record biometric handwriting data (pressure, speed, rhythm).
• eIDAS: Regulation (EU) No 910/2014 on electronic identification and trust services, updated by the eIDAS 2.0 Regulation (EU) 2024/1183.
• CAD: Italy’s Digital Administration Code (Legislative Decree 82/2005), the national legal framework for electronic documents and signatures.
• EUDI Wallet: the European Digital Identity Wallet introduced by eIDAS 2.0, which every EU member state must make available by the end of 2026.

Conclusions

The electronic signature is now a mature, well-regulated tool, able to guarantee legal certainty and evidentiary value once the right type is chosen for each need. With eIDAS 2.0 now in force, the European legal framework gains new tools, starting with the European Digital Identity Wallet, designed to make electronic signatures even more interoperable across the Union.

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