European Union: eIDAS Regulation
Signature level: simple electronic signature (SES). Portant does not provide advanced (AES) or qualified (QES) electronic signatures, and it does not verify the identity of signers.
Portant's eSignatures are simple electronic signatures (SES) under the EU eIDAS Regulation. Under eIDAS, an electronic signature cannot be refused legal effect only because it is electronic. This page covers what eIDAS says, the three signature levels, which documents may need more than a simple signature, and what Portant records when a document is signed. It is not legal advice.
Overview of the eIDAS Regulation
The eIDAS Regulation is Regulation (EU) No 910/2014, as amended by Regulation (EU) 2024/1183, which entered into force on 20 May 2024. It sets EU-wide rules for electronic identification and for trust services such as electronic signatures, electronic seals and time stamps.
- Location: Applies to all European Union member states.
- Purpose: An electronic signature cannot be denied legal effect, or admissibility as evidence in legal proceedings, only because it is electronic or is not a qualified signature (Article 25(1)). eIDAS guarantees a qualified electronic signature (QES) the same legal effect as a handwritten signature (Article 25(2)). For other electronic signatures, national law decides the legal effect.
- Key components: Defines three levels: electronic signatures (often called simple electronic signatures, SES), advanced electronic signatures (AES), and qualified electronic signatures (QES).
When and where eIDAS applies
- Type of transactions: eIDAS covers electronic signatures on contracts, agreements and acknowledgments. It does not change national or EU rules on how contracts are formed, whether they are valid, or what form a document must take (Article 2(3)).
- Jurisdictions: All EU member states. The regulation applies directly in each of them. National law still decides the legal effect of a simple electronic signature and the form a particular document must take.
- Consent: eIDAS does not require the parties to agree to sign electronically. National law or the contract itself may still set rules on form.
What Portant records and protects
eIDAS sets no technical requirements for a simple electronic signature. If a signature is challenged, a court weighs the evidence under national law. These are the records and controls Portant provides.
| Area | Why it matters | What Portant does |
|---|---|---|
| Intent to sign | Evidence that the signer meant to sign helps if a signature is challenged. | In every signing flow, the signer ticks a box confirming "I understand that this is a legal representation of my signature" before the signature is applied. |
| Document integrity | A change to the document after signing should be detectable. | Every signed PDF is locked and hashed. Anyone can check a file at sign.portant.co, which confirms only whether it is an unchanged Portant document. That check does not show who signed, when, or from where. |
| Signing record | A record of the signing process is evidence if a signature is challenged. | On paid plans (Pro, Team and Enterprise), you can add an audit trail page to the signed PDF. It shows the document's filename, creation date, creator, document ID and status, then a history with when the request was sent, each recipient's views and signatures (email, date and time, IP address, approximate location and device), and when the document was completed. Turn on the Audit trail toggle before you send the request. It cannot be added to a PDF that is already signed. The Free plan does not include it. |
| Time stamping | A reliable record of when a document was signed supports the evidence. Under eIDAS, only a qualified electronic time stamp is presumed accurate (Article 41(2)). | On paid plans, the audit trail page shows the date and time of each view and signature. A date placeholder, if you add one, shows the signing date on the document. |
| Data protection | Personal data in signed documents is covered by the GDPR (Regulation (EU) 2016/679). | Portant hosts data on Google Cloud Platform (GCP). The signed PDF is saved where your workflow sends its outputs, for example Google Drive, the HubSpot record, SharePoint or OneDrive, or Portant hosting. See Portant's Data Protection Addendum. |
| Access to documents | Only the right people should send, view and manage signed documents. | Team roles (Owner, Admin, Editor, User/Runner, Viewer) control who can create, run and view workflows. Anyone with a signing link can sign, including someone a recipient forwards the request email to. Portant does not check who opens or signs a document, so send sensitive requests only to recipients you trust. |
eIDAS signature levels
eIDAS defines three levels of electronic signature. Portant provides simple electronic signatures (SES) only. It does not provide advanced (AES) or qualified (QES) electronic signatures.
| Signature level | What eIDAS says | Portant |
|---|---|---|
| Simple electronic signature (SES) | Any data in electronic form that a signer attaches to or links with a document to sign it (Article 3(10)). It cannot be refused legal effect only because it is electronic (Article 25(1)). | Provided. Every Portant signature is a simple electronic signature. |
| Advanced electronic signature (AES) | Must be uniquely linked to the signer, capable of identifying the signer, created using signature creation data the signer can, with a high level of confidence, use under their sole control, and linked to the document so any later change is detectable (Article 26(1)). | Not provided. Portant does not verify the identity of signers and does not offer AES. |
| Qualified electronic signature (QES) | An AES created with a qualified signature creation device and based on a qualified certificate from a qualified trust service provider (Article 3(12)). It has the same legal effect as a handwritten signature (Article 25(2)). | Not provided. Use a qualified trust service provider when you need a QES. |
Note: Every Portant signature is a simple electronic signature. If a law, a public body or the other party requires an AES or a QES, use a provider that offers that level. A QES needs a qualified trust service provider.
Documents that may need more than a simple signature
eIDAS does not change national or EU rules on the form a document must take (Article 2(3)). Under Article 9(2) of the E-Commerce Directive (Directive 2000/31/EC), member states may decide that contracts in these categories cannot be concluded by electronic means:
- Contracts that create or transfer rights in real estate, except rentals.
- Contracts that by law need a court, a public authority or a profession exercising public authority, such as a notary.
- Guarantees and collateral given by people acting outside their trade or business.
- Contracts governed by family law or the law of succession, such as marriage contracts or inheritance agreements.
Wills and other documents that are not contracts are outside the E-Commerce Directive altogether. Their form is set by national law, which usually requires a handwritten or notarial will. Court filings follow national procedural rules.
National law can also require written form for other documents. In some member states, such as Germany, written form can be met electronically only with a qualified electronic signature (BGB § 126a). For some documents it cannot be met electronically at all, for example ending an employment relationship (BGB § 623) or a guarantee given by someone who is not acting in a trade (BGB § 766). A simple electronic signature does not satisfy these requirements.
Check the law of the country involved, and talk to a lawyer before you sign a regulated or high-value document with Portant.
Practical considerations
- Check that an electronic signature is acceptable. eIDAS leaves form rules to national law, so confirm the document can be signed electronically in the country whose law governs it.
- Keep the signed PDF. Every signed PDF is locked and hashed. Anyone can check at sign.portant.co that a file is an unchanged Portant document.
- Turn on the audit trail before you send. On paid plans (Pro, Team and Enterprise), the Audit trail toggle adds an audit page to the signed PDF. It works for workflow signature requests, signing links and PDFs uploaded on the Signatures tab. It has to be on before the request is sent, and it cannot be added to a PDF that is already signed. See Audit trail.
- Pick the right signature level. Portant provides SES only. If a law or the other party requires an AES or a QES, use a provider that offers it.
- Check for excluded documents. See "Documents that may need more than a simple signature" above.
Conclusion
Portant provides simple electronic signatures (SES). Under eIDAS, an electronic signature cannot be refused legal effect only because it is electronic. Whether a simple signature is enough for a given document depends on national law and on the evidence you can show. Portant does not provide AES or QES. This page is not legal advice. For regulated or high-value documents, check with a lawyer in the relevant country.
If you have questions about Portant's signatures, get in touch.