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The upgraded advanced electronic signature is referred as qualifizierte elektronische Signatur or qualified electronic signature. The signature must be produced by a secure signature creation device and then be attached to the qualified certificate. At the time that the signature is created, the certification must be valid. [1]
The qualified electronic signature is one such standard that has been outlined under eIDAS. [3] [4] A qualified electronic signature is an advanced electronic signature with a qualified digital certificate that has been created by a qualified signature creation device (QSCD). For an electronic signature to be considered as a qualified ...
EU member states are obligated to accept qualified electronic signatures that have been created with qualified certificate from other Member states as valid. According to the eIDAS Regulation, i.e. Article 24 (2), a signature created with a qualified certificate has the same legal value as a handwritten signature in court. [2] [3] [10]
A qualified electronic signature, along with its qualified certificate is given the same consideration as a handwritten signature when used as evidence in legal proceedings. The validity of a qualified electronic signature that has been created with a qualified certificate must be accepted by other EU member states regardless of which member ...
eIDAS provides a tiered approach of legal value. It requires that no electronic signature can be denied legal effect or admissibility in court solely for not being an advanced or qualified electronic signature. [20] Qualified electronic signatures must be given the same legal effect as handwritten signatures. [21]
An electronic signature, or e-signature, is data that is logically associated with other data and which is used by the signatory to sign the associated data. [1] [2] [3] This type of signature has the same legal standing as a handwritten signature as long as it adheres to the requirements of the specific regulation under which it was created (e.g., eIDAS in the European Union, NIST-DSS in the ...
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