In the realm of digital processes, electronic signatures are increasingly pivotal. But what business purposes does the Qualified Electronic Signature (QES) serve? What are the requirements? Discover how QES can be advantageous with a practical example.
QES: Definition and Distinction from FES
The eIDAS Regulation categorizes electronic signatures into three types: Simple (EES or SES), Advanced (FES or AES), and Qualified (QES). Only the QES carries the same legal weight as a handwritten signature and assures EU-wide legal validity for digitally signed contracts. Moreover, in Switzerland, the QES is acknowledged under the ZertES (Federal Act on Electronic Signatures). When creating a QES, one must choose compliance with either the eIDAS Regulation or ZertES.
Both, Advanced (AES) and Qualified Electronic Signatures (QES). must meet specific criteria: they must be distinctly linked to the signatory and detect any subsequent document modifications. However, the QES has additional requirements over the FES. Only a Trust Service Provider with a qualified electronic signature unit can issue the necessary certificate for QES.
By the way: All electronic signature types, advanced and qualified included, are feasible with Certifaction’s eSigning tool.
Creation and Necessity of QES
Electronic signatures can fulfill legally mandated written forms. The QES is always required if a specific form is specified for the document to be signed. In Switzerland, this includes rental agreements, employment references, or leasing contracts. The country distinguishes between simple and qualified written forms. While a qualified electronic signature is equivalent to a handwritten signature in the case of a simple written form, the qualified written form has to comply with additional aspects.
Practical Example: QES in Swiss Recruitment Agencies
Consider a Zurich-based recruitment agency placing both national and international talent. An IT client urgently needs a specialized software developer for a three-month project, necessitating a QES.
Once a suitable candidate is identified, at least two contracts are required: one between the recruitment agency and the IT company, and another between the agency and the candidate. Traditionally, this process, involving physical contracts, is time-consuming and costly.
With electronic signatures, you can revolutionize this process. The agency can digitally create and email contracts to the parties. Using Certifaction, add documents as PDFs and signatory emails. Certifaction also allows for password protection.
The parties can review and sign the document after online identification, such as presenting an ID or passport. The TSP confirms the identity with a qualified certificate. Furthermore, the QES creation date functions as a time stamp, offering legal certainty. This entire process can legally conclude within hours.
There’s often a query about the necessity for all parties to sign electronically. It isn’t mandatory; if one party uses an electronic signature, others can opt for a handwritten one. However, this could delay the process.
Digital signing is very efficient: you can fill positions swiftly. Contracts sent on a Friday can be signed by Monday, accommodating urgent needs. This efficiency also reduces contract process drop-offs, with 90% of contracts signed on the same day.
Advantages with Certifaction
Certifaction’s QES-Ident is easy to use, and suitable even for those with minimal technical experience. Its features, like mass signatures, selective signing, and personalized signature requests, save significant time for recruiters.
Furthermore, Certifaction emphasizes data security, minimizing data breach risks. Documents are processed locally and are end-to-end encrypted, ensuring that no one, not even the provider, can access confidential content.
Conclusion
Electronic signatures are vital in today’s business landscape. Implementing them offers companies efficiency and legal assurance. The QES is legally valid under the eIDAS Regulation and ZertES in the EU and Switzerland. While recruitment agencies particularly benefit from handling numerous contracts, QES’s relevance spans various sectors and is sometimes legally mandatory.
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Temporary employment contract Switzerland: These are the requirements
Get contracts signed online: Benefits for companies
Advanced or qualified electronic signature for B2B companies
