The three levels under eIDAS
The European regulation eIDAS distinguishes three kinds of electronic signature.
- Simple: anything a person uses as a signature, such as a typed name, a signature drawn on a screen or a click on Accept.
- Advanced: a signature that is uniquely linked to the signatory, identifies them, is created under their control and is tied to the document so that a later change is visible.
- Qualified: an advanced signature created with a qualified certificate and a qualified device. Only this one has the same effect as a handwritten signature.
When a simple signature is enough
The rule in eIDAS is that an electronic signature in principle may not be refused as evidence solely because it is electronic or not qualified. That does not mean it is always equally strong. In a dispute a court looks at the circumstances: who signed, how was that established and can anyone show that the document has not been changed?
For a quote and most business contracts, Dutch law generally has no formal requirements. So no special signature is needed, and an acceptance by email can already be enough. For some contracts the law does prescribe a form, for example a notarial deed. A simple signature is then not enough. If you are unsure, ask a lawyer.
Which evidence you keep
The better you can show what happened, the stronger your position. A good evidence file contains:
- who accepted: name, job title and company
- when: date and time, preferably to the second
- on which document: a fingerprint or checksum (hash) of the version shown
- what the client agreed to: the literal text of what they ticked
- how the client was identified: for example a confirmation code sent to their email address
- technical data such as IP address and browser
- the signed version, so that you can show it later
Keep this for as long as you may need it. For tax documents a retention period of 7 years generally applies in the Netherlands, see the guide on what an invoice must contain.
When you need more
An advanced or qualified signature suits documents with a large financial risk, long-running contracts or cases where the law or your client asks for it. Think of a large job, a purchase agreement or a contract with a public body. For an ordinary quote for a website or a maintenance contract, a simple signature with good evidence is enough for many businesses. Whether that applies to you is something to discuss with a lawyer.
An example from practice
An invented consultant sends a quote of € 4,800 for a three-month engagement. The client opens it on their phone, fills in their name and job title, signs with a finger and confirms with a code that arrives by email. A month later the client disputes the number of sessions. The consultant can show who accepted when, which version the client saw and what they ticked. Without such a file, they would be left with an email from the client and an argument about what was meant.
How to establish who signs
A signature says little if it is unclear who placed it. With a simple signature you help your evidence with a second check. A common way is a one-time code that you send to the signatory's email address. Whoever enters the code has access to that mailbox. This is an extra indication, not watertight proof of identity.
Also ask for the signatory's job title and have them confirm that they are authorised to bind the company. That prevents arguments if someone later says they were not allowed to. You can check who is authorised in the Chamber of Commerce (KvK) trade register.
Drawn, typed or ticked
In principle the form matters little to the law: a typed name, a drawn signature or a ticked box can each be a simple signature. In practice a drawn or typed name with a ticked statement is stronger than a click alone, because your client does something deliberate. Make sure the text they agree to is clear and keep it word for word.
Common mistakes
- Pasting an image of a signature into a PDF and assuming that proves it.
- Not keeping the signed version, or only the email.
- Not recording which version of the quote and the terms the client saw.
- Accepting an acceptance without knowing who gave it.
- Assuming that every contract can be signed with a simple signature.
This is general information and not legal advice. How strong a signature turns out in a dispute depends on the circumstances. Have important contracts reviewed by a lawyer.
Frequently asked questions
Is a digital signature as valid as a wet-ink signature?
Only a qualified electronic signature automatically has the same effect. Other electronic signatures in principle may not be refused because they are electronic, but their evidential weight depends on the circumstances.
Can I have a quote accepted by email?
Generally yes, because a quote has no formal requirements. A well-recorded acceptance with name, time and document is stronger than a loose email, though.
What is the difference between advanced and qualified?
An advanced signature is uniquely linked to the signatory and makes changes visible. A qualified signature is also created with a qualified certificate and device from a recognised provider.
What should I look out for when keeping evidence?
Keep the signed document, the date and time, the signatory's identity and what they accepted. For tax documents, 7 years generally applies.
This explanation is general information, not legal, tax or accounting advice. Rules change and your situation may differ. If in doubt, ask your accountant or adviser, or check with the Dutch Tax Administration (Belastingdienst) or the Chamber of Commerce (KvK).
