# SES vs AES vs QES in Germany: differences (2026) > Simple, advanced and qualified electronic signatures compared: eIDAS definitions, evidential value, written form under German law and which level to use. Source: https://smartdocs.de/en/signature-levels/ --- SES, AES and QES are the three levels of electronic signature defined by the European eIDAS Regulation (EU) No 910/2014. German sources call them EES, FES and QES. They differ in how reliably the signer is identified, how well the document is protected against changes, and what legal effect the signature has. For most contracts, the simplest one is enough. As of November 12, 2026. ## Key points at a glance - SES, the simple electronic signature, is any electronic signature without minimum technical requirements, such as a click or a signature drawn in the browser. It is effective for all contracts with no form requirement and admissible as evidence in court (Art. 25 (1) eIDAS). - AES, the advanced electronic signature, is uniquely linked to the signer and makes later changes detectable (Art. 26 eIDAS). It has higher evidential value but does not meet the statutory written form (Schriftform). - QES, the qualified electronic signature, is based on a qualified certificate issued after an ID check (Art. 3 (12) eIDAS). It has the same legal effect as a handwritten signature (Art. 25 (2) eIDAS) and replaces the statutory written form in Germany (§ 126a BGB, German Civil Code). - Rule of thumb: SES for everyday business, AES for important contracts, QES where the law requires the statutory written form. - Limit: some declarations only work on paper or before a notary, such as a guarantee given by a private individual (§ 766 BGB) or the termination of employment (§ 623 BGB). ## The three levels side by side | Criterion | SES | AES | QES | | --- | --- | --- | --- | | Definition | Art. 3 (10) eIDAS | Art. 3 (11), Art. 26 eIDAS | Art. 3 (12) eIDAS | | Signer identity | not verified, usually a confirmed email address | uniquely linked, for example by a one-time code sent to the mobile number | ID check by a qualified trust service provider | | Protection against changes | not required | changes detectable | changes detectable | | Legal effect | admissible evidence | higher evidential value | same as a handwritten signature | | In court | free assessment of evidence (§ 286 ZPO) | free assessment of evidence (§ 286 ZPO) | presumption of authenticity (§ 371a ZPO) | | Statutory written form | no | no | yes, unless the electronic form is excluded | | Text form (§ 126b BGB) | met | met | met | | Effort for signers | one click | plus a one-time code | one-time identification, then approval by PIN or app | | Cost | included in the plan | included in the plan, SMS partly usage-based | usually per signature | | With SmartDocs | in every plan, including Free | from Pro, with 15 SMS per seat per month | on request, per signature | ## SES: the simple electronic signature - Definition: Under Art. 3 (10) eIDAS, an electronic signature is any data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signer to sign. There are no minimum technical requirements. - What it looks like: The signer receives a personal link by email, opens the document in the browser and signs with one click or by drawing with a finger. A name typed under an email or an inserted image file of a signature are technically simple electronic signatures too, just very weak ones. - Legal effect: An electronic signature may not be denied legal effect solely because it is in electronic form (Art. 25 (1) eIDAS). Since most contracts in Germany have no form requirement, the SES covers the bulk of everyday business. Courts freely assess its evidential value (§ 286 ZPO, German Code of Civil Procedure): the better the process is documented, for example by an audit trail with email delivery, timestamps and a checksum of the document, the stronger the evidence. - Typical documents: quotes and order confirmations, purchase orders, non-disclosure agreements (NDAs), internal approvals and minutes. Since 2025 also commercial leases and temporary agency work contracts, for which the law now only requires text form. - Limit: If someone denies having signed personally, the party relying on the signature must prove that they did. The SES never meets a statutory written form. - With SmartDocs: in every plan, including the free plan. ## AES: the advanced electronic signature - Definition: An AES is an electronic signature that meets the four requirements of Art. 26 eIDAS. It is uniquely linked to the signer, is capable of identifying the signer, is created using signature creation data that the signer can, with a high level of confidence, use under their sole control, and is linked to the signed data in such a way that any subsequent change is detectable. - What it looks like: In practice, the link to the person is established through a second factor. At SmartDocs, this is a one-time code by SMS sent to the mobile number on file: only someone with access to that phone can sign. The successful code confirmation is logged with a timestamp in the audit trail, and the sealed document reveals any later change. - Legal effect: The AES is also subject to the free assessment of evidence, but it is much harder to challenge than an SES, because the signer's identity and the integrity of the document are technically secured. It does not meet a statutory written form. - Typical documents: permanent employment contracts, open-ended leases, insurance applications, framework and service agreements: anything with high value, a long term or potential for dispute. - Limit: If the law requires the statutory written form, the AES does not help either. - With SmartDocs: from the Pro plan, with 15 SMS per seat per month. More on the [advanced electronic signature](/en/advanced-electronic-signature/) page. ## QES: the qualified electronic signature - Definition: The QES is an advanced electronic signature that is created by a qualified electronic signature creation device and based on a qualified certificate for electronic signatures (Art. 3 (12) eIDAS). The certificate is issued by a qualified trust service provider that is listed on the EU Trusted List and, in Germany, supervised by the Federal Network Agency (Bundesnetzagentur). - What it looks like: The signer proves their identity once, for example by video identification or with the eID function of the German national ID card. After that, the signature is usually triggered as a remote signature: the signing key is stored securely with the trust service provider, and the signer approves by PIN, one-time code or app. - Legal effect: A QES has the same legal effect as a handwritten signature (Art. 25 (2) eIDAS) and is recognized as a QES in all EU member states (Art. 25 (3) eIDAS). In Germany, it replaces the statutory written form unless the law excludes the electronic form (§ 126 (3), § 126a BGB). For contracts, both parties must sign an identical document with a qualified signature (§ 126a (2) BGB). In court, there is a presumption of authenticity that can only be rebutted by facts that give rise to serious doubt (§ 371a (1) ZPO). - Typical documents: fixed-term clauses in employment contracts (§ 14 (4) TzBfG), residential leases with a fixed term of more than one year (§ 550 BGB), real estate consumer credit agreements (§ 492 BGB) and electronic employment references if the employee consents (§ 109 (3) GewO). - Limit: Transactions that must be notarized remain closed to the QES, as do declarations for which the law expressly excludes the electronic form. - With SmartDocs: on request as an add-on, per signature. More on the [qualified electronic signature](/en/qualified-electronic-signature/) page. ## Which level does your document need? Three questions lead you to the right level, in exactly this order: 1. Does the law require paper or a notary? For example, for a guarantee given by a private individual, the termination of employment or a real estate purchase. Then it cannot be done electronically. 2. Does the law require the statutory written form? Then use the QES. It is the only electronic form that replaces the statutory written form. 3. Is a lot of money, a long term or a potential dispute involved? Then use the AES. For everything else, the SES is enough. The form requirement finder on the [legal validity](/en/legal-validity/) page lists the form requirement, minimum level and legal basis for 31 individual documents. In depth on individual contracts: [Sign employment contracts digitally in Germany](/en/blog/sign-employment-contract-digitally/) and [Sign a rental agreement digitally in Germany](/en/blog/sign-rental-agreement-digitally/). ## What changed for choosing a level in 2025 and 2026 - January 1, 2025, Fourth Bureaucracy Relief Act: written form becomes text form, so the SES has been enough since then for commercial leases of more than one year (§ 578 (1) BGB), temporary agency work contracts (§ 12 (1) AÜG), the statement of employment terms (§ 2 (1) NachwG, except in the sectors under § 2a SchwarzArbG) and ending employment at the standard retirement age (§ 41 SGB VI). Employment references may since then be issued electronically with the employee's consent, by QES (§ 109 (3) GewO). - November 20, 2026, implementation of the Consumer Credit Directive (EU) 2023/2225: general consumer credit agreements in text form (§ 492 (1) BGB), so the SES is enough. Pre-selected options such as boxes that are already ticked are not enough for consent. Real estate consumer credit agreements still require the statutory written form. - End of 2026, EU Digital Identity Wallet: natural persons are to be able to create qualified signatures free of charge for non-professional purposes (Art. 5a (5) (g) eIDAS). For private contracts that require the statutory written form, the hurdle to a QES drops significantly. ## What you cannot sign electronically at all Real estate purchase contracts (notarization, § 311b BGB), wills and inheritance contracts, marriage contracts, the formation of a GmbH and transfers of shares, the termination of employment and termination agreements (§ 623 BGB) and guarantees given by private individuals (§ 766 BGB). Everything else, which is the vast majority of business documents, can be concluded digitally. ## Four common misconceptions - "A scanned signature is a secure electronic signature." An inserted image is technically a simple electronic signature, but it can be copied at will, does not verifiably link the signature to anyone and does not protect the document against changes. It never meets the statutory written form. The LAG Berlin-Brandenburg (Regional Labor Court) held a fixed term with a scanned signature to be invalid for this reason (judgment of March 16, 2022, 23 Sa 1133/21). - "The AES replaces the statutory written form." In Germany, only the QES replaces the statutory written form (§ 126a BGB). The AES is still the right choice for most important contracts, because these have no form requirement. - "Every important contract needs a QES." Most contracts have no form requirement, and since 2025 even text form has been enough in several cases. The QES is meant for cases where the law requires the statutory written form, not for every high amount in dispute. - "Digital signature and electronic signature are the same thing." In everyday use, the two terms are interchangeable, and the eIDAS Regulation only speaks of electronic signatures. Technically, a digital signature means a cryptographic method with a key pair, on which AES and QES are usually based. ## All three levels with SmartDocs You choose the level for each signature request. The SES is included in all plans, including the free plan. The AES with SMS code is included from the Pro plan, including 15 SMS per seat per month. The QES is available on request as an add-on, charged per signature. Every request gets a tamper-evident audit trail and a completion certificate, hosted exclusively in Germany. Prices: [pricing](/en/pricing/). ## Frequently asked questions ### What is the difference between SES, AES and QES? The three levels of the eIDAS Regulation differ in how reliably the signer is identified and what legal effect the signature has. The SES has no minimum technical requirements. The AES is uniquely linked to the signer and makes changes detectable (Art. 26 eIDAS). The QES is additionally based on a qualified certificate issued after an ID check and is equivalent to a handwritten signature (Art. 25 (2) eIDAS). ### Which signature level do I need for my contract? Contracts with no form requirement, such as quotes, NDAs or orders, work with the SES. Where evidence matters more, for example for permanent employment contracts or leases, the AES is recommended. You only need the QES when the law requires the statutory written form. ### Is a simple electronic signature legally valid? Yes. An electronic signature may not be denied legal effect solely because it is in electronic form (Art. 25 (1) eIDAS). For all contracts with no form requirement, the SES is effective and admissible as evidence in court. It is not enough for the statutory written form. ### What sets the AES apart from the SES? The AES is uniquely linked to the signer, and any later changes to the document are detectable. At SmartDocs, a one-time code is also sent by SMS to the stored mobile number, on top of the personal link. ### When does the law require a qualified electronic signature? Whenever the law requires the statutory written form and does not exclude the electronic form (§ 126 (3), § 126a BGB). Important examples are the fixed term of an employment contract (§ 14 (4) TzBfG), residential leases with a fixed term of more than one year (§ 550 BGB), real estate consumer credit agreements (§ 492 BGB) and electronic employment references (§ 109 (3) GewO). ### Is an AES enough for an employment contract? For a permanent employment contract, yes, because it has no form requirement. If the contract is to be fixed-term, the fixed-term clause requires the statutory written form under § 14 (4) TzBfG, meaning paper or a QES. Without it, the employment relationship is deemed permanent (§ 16 TzBfG). ### Is a scanned signature an electronic signature? Technically, an inserted image of a signature is a simple electronic signature, but a weak one: it can be copied at will and does not protect the document against changes. It does not meet the statutory written form (LAG Berlin-Brandenburg, judgment of March 16, 2022, 23 Sa 1133/21). ### Can you sign a guarantee (Bürgschaft) electronically? Not as a private individual. § 766 BGB requires the statutory written form for the declaration of guarantee and expressly excludes the electronic form, so even a QES is not enough. For merchants, a guarantee has no form requirement (§ 350 HGB, German Commercial Code). ### What is the difference between statutory written form and text form? Statutory written form (Schriftform, § 126 BGB) requires a handwritten signature or, as the electronic form, a QES. Text form (Textform, § 126b BGB) only requires a legible declaration on a durable medium that names the person making it; no signature is needed. Since 2025, text form has been sufficient in several cases, such as commercial leases of more than one year. ### Is a QES from another EU country valid in Germany? Yes. A QES based on a qualified certificate issued in an EU member state is recognized as a QES in all other member states (Art. 25 (3) eIDAS). ### How much does a qualified electronic signature cost? The QES is usually billed per signature, because it includes identity verification by a trust service provider. With SmartDocs, the QES is available on request; SES and AES are included in the plan. ### What does the EU Digital Identity Wallet change for the QES? By the end of 2026, all EU member states are to offer their citizens a European Digital Identity Wallet. It is intended to let natural persons create qualified signatures free of charge for non-professional purposes (Art. 5a (5) (g) eIDAS as amended by Regulation (EU) 2024/1183). ### Can I use different levels for different documents? Yes. You choose the signature level per signature request. That way you send out an NDA with SES in seconds and use QES for the fixed-term employment contract, both from the same platform. ## Sources - [Regulation (EU) No 910/2014 (eIDAS), consolidated version](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02014R0910-20241018), Art. 3, 25, 26 and 5a - [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), [§ 126b](https://www.gesetze-im-internet.de/bgb/__126b.html), [§ 550](https://www.gesetze-im-internet.de/bgb/__550.html), [§ 578](https://www.gesetze-im-internet.de/bgb/__578.html), [§ 623](https://www.gesetze-im-internet.de/bgb/__623.html), [§ 766](https://www.gesetze-im-internet.de/bgb/__766.html), [§ 781](https://www.gesetze-im-internet.de/bgb/__781.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), [§ 2 NachwG](https://www.gesetze-im-internet.de/nachwg/__2.html) (all in German) - [BMJV: act implementing the Consumer Credit Directive (EU) 2023/2225](https://www.bmjv.de/SharedDocs/Gesetzgebungsverfahren/DE/2025_VerbraucherkreditRL.html) (in German) - [LAG Berlin-Brandenburg, judgment of March 16, 2022, 23 Sa 1133/21](https://www.datev-magazin.de/nachrichten-steuern-recht/recht/keine-wirksame-befristung-eines-arbeitsvertrages-allein-mit-scan-der-unterschrift-76851) (in German) This overview does not replace legal advice.