Legally valid across the European Union
Electronic signatures via BuiltSign are recognised in all EU member states under the eIDAS Regulation. Their legal effect and evidential weight depend on national law, the document and the circumstances.
The foundation: eIDAS Regulation (EU 910/2014)
eIDAS is the European regulation that governs the legal effect of electronic signatures in all EU member states. A regulation applies directly, with no national transposition required.
Simple Electronic Signature (SES)
Data in electronic form that the signer uses to sign (Article 3(10)). At BuiltSign recorded with a link to a verified email address, IP logging, an RFC 3161 timestamp and a SHA-256 document hash. Appropriate for many business documents, depending on risk and form requirements.
Current levelAdvanced Electronic Signature (AES)
Meets the requirements of Article 26: uniquely linked to the signer, capable of identifying them, created using data the signer can use under their sole control with a high level of confidence, and linked to the document so that any later change is detectable.
Not yet availableQualified Electronic Signature (QES)
An advanced signature created by a qualified signature creation device and based on a qualified certificate from a qualified trust service provider. Under eIDAS it has the same legal effect as a handwritten signature and is recognised in all member states.
Not yet availableSimple Electronic Signature (SES), including SES+
BuiltSign records a link via a verified email address, IP logging, an RFC 3161 timestamp and a SHA-256 document hash for every SES. SMS verification and, with SES+, an ID check with selfie strengthen your evidential position. Legally all of these remain a simple electronic signature (SES); SES and SES+ are not AES or QES. BuiltSign does not offer AES or QES yet.
Recognised by national law
eIDAS applies directly in every member state. National law governs matters such as evidential weight and form requirements.
Civil Code art. 3:15a
An electronic signature has the same legal effect as a handwritten one if the method used is sufficiently reliable, given the purpose and all circumstances. For a qualified signature this always applies.
Law of 21 July 2016
Supplements eIDAS in Belgian law. The evidential value of an electronic signature follows from Belgian evidence law and the circumstances.
Vertrauensdienstegesetz (VDG), § 126a BGB
The VDG supplements eIDAS. Where the law requires written form, it can only be replaced electronically by a qualified signature (§ 126a BGB), and for some acts the electronic form is excluded.
Evidential value in court
In a dispute, it is not enough that someone signed. You need to prove it. BuiltSign records this automatically.
Email address verified
The signer opened the unique link sent to their email address. Recorded with a timestamp.
IP address logged
The IP address at the time of signing is recorded and included in the certificate.
Timestamp
Exact date and time of every action, including opening the document and placing the signature.
Identity verification (optional)
With ID verification enabled: government ID and selfie automatically compared with the signer. Strengthens your position most in a dispute.
How BuiltSign identifies the signer
In a dispute the court weighs the evidence. Every BuiltSign signature starts with a solid baseline. Optional add-ons raise the evidential value further.
- Email-verified unique signing link
- IP address at time of signing
- RFC 3161 trusted timestamp (DigiCert)
- SHA-256 cryptographic document hash
- Everything in Standard
- One-time code sent to verified phone number
- Records: the signer had access to the given phone number
- Everything in Standard + SMS
- Scan of a valid ID document (passport, ID card, driving licence or residence permit)
- Real-time selfie biometric match
- Result recorded in the audit certificate
All tiers are a simple electronic signature (SES) within the meaning of eIDAS. SMS or ID verification does not change that classification, but strengthens your evidential position if a signature is disputed.
When do you actually need a notary?
You can use BuiltSign for many business documents. But for certain legal acts, a notarial deed is required by law:
- Wills and inheritance
- Transfer of real estate (notarial deed)
- Articles of incorporation (LLC/Ltd)
- Mortgage deed
For many everyday business agreements, including employment contracts, NDAs, tenancy agreements, service agreements and purchase contracts, an electronic signature via BuiltSign can be used validly. The evidential weight and formal requirements depend on the document and the circumstances.
Common legal questions
- Article 3:15a of the Dutch Civil Code uses one test: the method used must be sufficiently reliable, given the purpose for which the signature was used and all the circumstances. In practice it helps if you can identify the signer, link the signature to that person and show afterwards that the document was not altered. BuiltSign records data for this in the audit certificate attached to every signed document.
- eIDAS distinguishes three. The simple electronic signature (SES) is the lightest form; it too may not be denied legal effect or admissibility as evidence solely because it is electronic. The advanced electronic signature (AES) meets the requirements of Article 26: uniquely linked to the signer, capable of identifying them, created with data under their sole control and linked to the document so later changes are detectable. The qualified electronic signature (QES) is an AES with a qualified certificate and a qualified creation device, and has the same legal effect as a handwritten signature. Which one fits depends on the document, the risk and any form requirements.
- Yes. eIDAS applies in all EU member states: an electronic signature may not be denied legal effect or admissibility as evidence there solely because it is electronic. Its evidential weight is determined by national law, in Belgium and Germany too.
- The audit trail shows when, from which IP address and via which email address the signature was placed. With identity verification it also records the outcome of the ID check. That strengthens your evidential position; in a dispute, the court assesses the evidence.
- An electronic signature has no expiry date in principle. As long as the audit trail and certificate are preserved, they help show who signed and when.
- Yes. Employment contracts are not among the exceptions and can be fully and legally signed digitally via BuiltSign.
- The audit trail records every action: who opened the link, from which IP address, at what time, and when the signature was placed. With identity verification enabled, it also contains the outcome of the comparison between the signer's government ID and selfie.
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