# Qualified electronic signature (QES) in Germany: process and law > The QES replaces a handwritten signature (§ 126a BGB). When German law requires it, how video ident and the online ID work, and how to verify it. Source: https://smartdocs.de/en/qualified-electronic-signature/ --- The qualified electronic signature (QES) is the highest level of electronic signature under the eIDAS Regulation and the only one that replaces the statutory written form (Schriftform). With SmartDocs, you use the QES in the same workflow as all your other signatures. As of November 12, 2026. ## The QES in five sentences - What is it? An advanced electronic signature that is based on a qualified certificate and created with a qualified signature creation device (Art. 3 (12) eIDAS). - What does it do? It has the same legal effect as a handwritten signature, across the EU (Art. 25 (2) and (3) eIDAS). In Germany, it replaces the statutory written form (§ 126a BGB, German Civil Code). - When is it required? When the law requires the statutory written form and allows the electronic form, for example for the fixed term of an employment contract or a real estate loan. - How is it created? After a one-time identification, for example with the online ID function or by video ident. After that, each signature only needs to be approved, usually as a remote signature without a card reader. - What does it cost? At SmartDocs, on request. The QES is billed per signature; volume and identification method determine the price. ## What makes a signature a QES Advanced signature (Art. 26 eIDAS) + qualified certificate (Art. 3 (15), Art. 28 eIDAS) + qualified signature creation device (Art. 3 (23), Art. 29 eIDAS) = QES (Art. 3 (12) eIDAS). If one component is missing, the signature is advanced at most. Qualified trust service providers are listed on the EU Trusted List and, in Germany, supervised by the Federal Network Agency (Bundesnetzagentur). Only a natural person can create a QES; for organizations, there is the qualified electronic seal. ## Legal effect - Equal by law: the QES has the same legal effect as a handwritten signature (Art. 25 (2) eIDAS). - Replaces the written form: where German law requires the statutory written form and does not exclude the electronic form, a QES is enough (§ 126 (3), § 126a BGB). For contracts, both parties sign an identical document with a qualified signature. - Presumption of authenticity: in court, authenticity is presumed. The presumption can only be rebutted by facts that give rise to serious doubt (§ 371a (1) ZPO). - Recognized across the EU: a QES based on a qualified certificate from one member state is recognized as a QES in all other member states (Art. 25 (3) eIDAS). ## When German law requires a QES | Document | Legal basis | Consequence without the written form | | --- | --- | --- | | Fixed term in an employment contract | § 14 (4) TzBfG | The employment is deemed permanent (§ 16 TzBfG). | | Residential lease with a fixed term of more than one year | § 550 BGB | The lease counts as open-ended. | | Termination of a residential lease | § 568 (1) BGB | The notice is invalid (§ 125 BGB). | | Real estate consumer credit agreement | § 492 (1) BGB | The agreement is void in principle (§ 494 (1) BGB). | | Employment reference in electronic form | § 109 (3) GewO | Electronic only with the employee's consent, otherwise on paper. | General consumer credit agreements need the statutory written form, meaning paper or a QES, only until November 19, 2026. From November 20, 2026, text form is enough. Where even a QES is not enough, because German law excludes the electronic form or requires a notary: termination and termination agreements in employment (§ 623 BGB), a guarantee given by a private individual (§ 766 BGB), promises and acknowledgments of debt (§ 780, § 781 BGB), real estate purchases, marriage contracts and other transactions that must be notarized, and handwritten wills (§ 2247 BGB). For all other contracts, the simple or the [advanced signature](/en/advanced-electronic-signature/) is usually enough. The form requirement finder on the [legal validity](/en/legal-validity/) page shows the form for 31 typical documents. ## How a QES is created 1. Verify identity: once, with a qualified trust service provider, for example with the online ID function or by video ident. 2. Receive the certificate: the trust service provider issues a qualified certificate to the verified identity. The signing key is stored securely in its signature creation device. 3. Trigger the signature: the QES is triggered in the SmartDocs request and bound to the document. The audit trail and completion certificate document the entire process. The identity check takes a few minutes the first time. After that, the verified identity can be reused for later signatures as long as the certificate is valid. Two ways to identify: - Online ID function: hold the German ID card, electronic residence permit or eID card to the smartphone and confirm with the six-digit PIN. You need an activated online ID function, the PIN and an NFC-capable smartphone with the AusweisApp. - Video ident: a video call in which trained staff check the ID document and the person. Remote signing instead of a signature card: a QES used to require a signature card and a card reader. Today, remote signing is the norm: the trust service provider manages the signature creation device, and the signer approves the signature in the browser or on a smartphone (Annex II eIDAS). ## Pricing QES with SmartDocs: the QES is billed per signature. Volume and identification method determine the price. Request a quote via the [contact form](/en/contact/) or in a 30-minute call: https://calendly.com/smartdocs_de/30min ## How to tell whether a signature is qualified 1. In your PDF reader: Adobe Acrobat Reader and other PDF programs show in the signature panel who signed, whether the document has been changed since, and whether the signature is recognized as qualified under eIDAS. 2. With the EU validation tool: the European Commission provides DSS, a freely accessible validation demo: https://ec.europa.eu/digital-building-blocks/DSS/webapp-demo/validation 3. Look up the issuer: the EU Trusted List shows whether the certificate comes from a qualified trust service provider: https://eidas.ec.europa.eu/efda/trust-services/browse/eidas/tls How long is a QES valid? What matters is the moment of signing: if the qualified certificate was valid then, the signature can still be confirmed as valid after the certificate expires (Art. 32 (1) (b) eIDAS), provided the necessary validation data such as timestamps and revocation information is preserved. For very long retention periods, there are qualified preservation services (Art. 34 eIDAS). ## QES, AES or qualified seal? | Criterion | AES | QES | Qualified seal | | --- | --- | --- | --- | | Who signs | a natural person | a natural person | a legal person, such as a company or public authority | | Proof of identity | unique link, for example by SMS code | ID check by a trust service provider | verified organization, qualified seal certificate | | Legal effect | higher evidential value, free assessment of evidence | same as a handwritten signature | presumption of integrity and correct origin | | Replaces the written form | no | yes, unless the electronic form is excluded | no | | Typical use | important contracts with no form requirement | documents that require the statutory written form | invoices, certificates, automatically generated documents | | Legal basis | Art. 26 eIDAS | Art. 3 (12), Art. 25 eIDAS | Art. 3 (27), Art. 35 eIDAS | Our guide [SES, AES, QES: the differences](/en/signature-levels/) compares all three signature levels. ## Frequently asked questions ### What is a qualified electronic signature? The highest level of electronic signature under the eIDAS Regulation: an advanced electronic signature that is based on a qualified certificate and created with a qualified signature creation device (Art. 3 (12) eIDAS). A qualified trust service provider issues the certificate after an identity check. ### Is the QES really equivalent to a handwritten signature? Yes. Under Art. 25 (2) eIDAS, the QES has the same legal effect as a handwritten signature. In Germany, it meets the electronic form under § 126a BGB and therefore replaces the statutory written form wherever the electronic form is allowed. ### How do I create a QES? You identify yourself once with a qualified trust service provider, for example with the online ID function or by video ident. The provider then issues a qualified certificate. Every later signature only needs your approval, usually as a remote signature. With SmartDocs, you trigger the QES directly in the signature request. ### Can I create a qualified signature with my German ID card? Yes, through the online ID function: you use it to prove your identity to a trust service provider, which then issues the qualified certificate for remote signing. You do not need a card reader or a signature card; an NFC-capable smartphone with the AusweisApp and your six-digit PIN are enough. ### Does every signer have to verify their identity again for each QES? No. After the first identification, the verified identity can be reused for later signatures as long as the certificate is valid. ### How much does a QES cost at SmartDocs? At SmartDocs, the QES is available on request. It is billed per signature; volume and identification method determine the price. ### How long is a QES valid? What counts is the time of signing. If the qualified certificate was valid at that moment, the signature can still be confirmed as valid after the certificate expires (Art. 32 (1) (b) eIDAS), provided the validation data is preserved. ### In court: who has to prove that a QES is authentic? For documents with a qualified signature, there is a presumption of authenticity under § 371a (1) ZPO. Anyone disputing the signature must present facts that give rise to serious doubt about its authenticity. For simple and advanced signatures, the party relying on the signature has to prove that it is authentic. ### Can a company have a QES? No. A QES is always created by a natural person, such as a managing director or an authorized signatory acting on behalf of the company. For organizations, there is the qualified electronic seal (Art. 35 (2) eIDAS), which does not replace a signature. ### Is a QES enough to terminate an employment relationship? No. § 623 BGB expressly excludes the electronic form for terminations and termination agreements in employment. It takes paper with a handwritten signature. ## Sources - [Regulation (EU) No 910/2014 (eIDAS), consolidated version](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02014R0910-20241018) - [Regulation (EU) 2024/1183 amending the eIDAS Regulation](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202401183) - BGB: [§ 126a](https://www.gesetze-im-internet.de/bgb/__126a.html), [§ 550](https://www.gesetze-im-internet.de/bgb/__550.html), [§ 568](https://www.gesetze-im-internet.de/bgb/__568.html), [§ 494](https://www.gesetze-im-internet.de/bgb/__494.html), [§ 623](https://www.gesetze-im-internet.de/bgb/__623.html) (all in German) - [§ 14 TzBfG](https://www.gesetze-im-internet.de/tzbfg/__14.html), [§ 371a ZPO](https://www.gesetze-im-internet.de/zpo/__371a.html), [§ 109 GewO](https://www.gesetze-im-internet.de/gewo/__109.html) (all in German) This overview does not replace legal advice.