Firma electrónica

Today, signing documents electronically is commonplace. But not all signature processes are the same, nor do they offer the same level of legal backing. Choosing the right type can help you protect your business without making life difficult for your customers.

In this article we explain, in a simple way, the types of electronic signature, their legal coverage and when it is convenient to use each one. In addition, we will give you some keys to avoid friction in the process and improve the signing experience. Let’s get to it!

Types of electronic signature: how do they differ?

According to the eIDAS Regulation (the European legal framework governing identification and trust services in electronic transactions), there are three main types of electronic signature. This regulation aims to provide legal and technical security for digital transactions throughout the European Union.

The types of signature are:

  • Simple electronic signature:
    • Ideal for low risk processes.
    • It can be a click, an acceptance by mail, or signing with your finger on a screen.
    • It is legally valid, but offers fewer guarantees in case of dispute.
  • Advanced electronic signature:
    • More secure. It is uniquely linked to the signatory.
    • It requires mechanisms such as SMS authentication (OTP) or biometric data capture (e.g., the way you sign with your finger).
    • Suitable for signing contracts and important documents that involve more responsibility.
  • Qualified electronic signature:
    • The most legally robust. Equivalent to a handwritten signature before a notary.
    • Requires a qualified digital certificate issued by a recognized provider (e.g., the Fábrica Nacional de Moneda y Timbre in Spain).
    • Very useful for agreements of great economic or legal impact.

Qualified vs. Simple Electronic Signatures: When Greater Security Can Hinder Conversion

Although the qualified signature is the most secure, it can also be the most complicated to use. Why?

Because it requires things that many users do not have on hand: a digital certificate, a previous installation, or going through a video-identification process. This can slow down or even prevent the customer from signing.

Therefore, the key is to balance security and usability: choose the type of signature that offers sufficient legal backing, but without generating unnecessary friction.

Video identification

At MailComms, we offer our clients advanced technology to integrate a video identification system into their security processes.

How to choose the type of firm according to your business process?

Here’s a simple rule of thumb:

Signature Type When to use it?
Simple – For low-risk processes, such as accepting terms and conditions or registering interest
Advanced – To sign contracts, authorizations or documents with moderate legal implications.
Qualified – For critical operations: contracts with high economic value, agreements that may end in litigation, etc.

Always think: what would happen if this document is challenged before a judge? The greater the risk, the greater the legal coverage must be.

How to Verify the Signer’s Identity to Ensure the Legal Validity of the Electronic Signature

The biggest challenge of electronic signatures is to prove who actually signed. For that, there are different mechanisms:

  • OTP (One-Time Password, single-use code via SMS): easy for the signer to use and secure enough for most advanced signature processes.
  • Video identification: Very reliable, although somewhat slower as it involves data collection and evaluation to avoid fraud.
  • Digital certificates: Very secure, but not everyone has them.

The stricter the identification mechanism, the more probative value the signature has. But it can also complicate the user experience. The trick is not to demand more than necessary.

Multichannel electronic signature: SMS, WhatsApp, and email to increase the rate of completed signatures

A signing process should be streamlined and accessible. Being able to send it via email, text message , or even certified WhatsApp allows your customers to sign from any device, without any barriers.

A multi-channel approach and channel switching based on the signer’s behavior not only improve the experience but also increase the completion rate and reduce processing times.

Are you familiar with our Virtual Signing Room solution? It’s an interactive and secure experience where your clients can sign contractual documents via videoconference. Its main benefit is that it recreates the intimacy of an in-person meeting, which leads to greater customer loyalty.

Multichannel

How to Choose an Electronic Signature Provider That Fits Your Processes

Every business is different. Therefore, it is ideal to have a supplier that offers flexible solutions and helps you to adapt the signing process to each specific case.

Find an ally to help you:

  • Choose the most appropriate type of firm according to the risk.
  • Minimize friction in the user experience.
  • Use different channels to facilitate the process.
  • Comply with legal requirements in a simple way.

At MailComms Group, we offer simple, advanced, and qualified electronic signature solutions that can be adapted to every business process and every communication channel with the signer. As Qualified Trust Service Providers (QTSPs) under eIDAS, we guarantee the legal validity of every signature and provide the necessary evidence in the event of a claim or dispute.

The Right Electronic Signature Improves Security and the Customer Experience

Choosing the right type of electronic signature isn’t just a technical decision—it’s a strategic one. It’s a matter of striking a balance between the legal certainty you need and the ease of use your customers expect.

🔐 More security ≠ better experience
🎯 The best signature is the one that fits your business process

If you want to know what type of electronic signature each of your company’s processes needs and how to implement it seamlessly, talk to our team

Frequently Asked Questions

What are the three types of electronic signatures according to eIDAS?

The eIDAS Regulation (EU) No. 910/2014 establishes three types: (1) Simple electronic signature: any data in electronic form that the signatory uses to sign, without specific technical requirements; (2) Advanced electronic signature: uniquely linked to the signer, it allows for the detection of any subsequent changes to the signed data and requires mechanisms such as SMS-based OTPs or biometrics; (3) Qualified electronic signature: the highest level, equivalent to a handwritten signature throughout the EU, requires a qualified certificate issued by a supervised service provider (QTSP).

When should I use a qualified electronic signature instead of an advanced one?

A qualified signature is required when the process involves high legal or financial risk and could result in litigation: high-value contracts, deeds, agreements affecting fundamental rights, or documents that must be equivalent to a notarial signature. For most standard B2B contracts (services, supplies, HR, standard policies), the advanced electronic signature provides sufficient legal protection with less hassle for the signer.

Is a simple electronic signature legally valid?

Yes, a simple electronic signature is legally valid under eIDAS. However, in the event of a dispute, the burden of proof falls on the party presenting it: that party must demonstrate that the signature corresponds to the declared signer. For low-risk processes (accepting terms and conditions, confirming an appointment, registering interest in a product), a simple signature is sufficient and offers the best user experience.

What is the difference between an electronic signature and a digital signature?

An electronic signature is a legal concept: any electronic data associated with a signer. A digital signature is a technical concept: it uses asymmetric cryptography (public and private keys) to guarantee the integrity and authenticity of the document. Every qualified signature uses digital signature techniques, but not every digital signature is a qualified signature. In the context of eIDAS, what matters is the legal level (simple, advanced, qualified), not the underlying technology.

How does the delivery channel (SMS, email, WhatsApp) affect the validity of the signature?

The delivery channel does not determine the type of signature, but it does influence the signer’s experience and the completion rates. What determines the type of signature is the signer’s authentication mechanism (OTP, biometrics, certificate) and who provides it. An advanced signing process can be initiated via certified WhatsApp, certified email, or SMS, provided that the identity verification mechanism meets the requirements of the selected level.

Do you want to know how to implement an agile, secure and hassle-free electronic signature process? Let's talk!

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