Advanced Electronic Signature (AES): What it is and When You Need it

An Advanced Electronic Signature (AES) is a type of electronic signature that offers a significantly higher level of security and reliability compared to the more common Simple Electronic Signature (SES), although it does not reach the level of a Qualified Electronic Signature (QES).

According to the European Union's eIDAS Regulation (electronic IDentification, Authentication and trust Services), an AES must meet precise requirements to guarantee its legal validity and its unique attribution to the signatory:

• Uniquely linked to the signatory: It must be exclusively linked to the signatory.
• Identification of the signatory: It must enable the definite identification of the signatory.
• Sole control of the signatory: Created using data over which the signatory can exercise sole control.
• Detection of subsequent changes: It must be capable of detecting any subsequent alteration of the document to which the signature relates.

These technical and legal requirements make AES an excellent compromise between usability and security, making it suitable for a wide range of business contexts that demand greater certainty regarding the signatory's identity compared to a simple tick-box or a scanned image.

A practical example of the importance of choosing the right signature can be found in the management of sensitive documents, such as Documents for short-term rental property managers, where the authenticity and integrity of the contract are crucial to avoid disputes.

While basic electronic signatures (often a simple click, typed name, or scanned signature) are permissible and hold legal value based on the principle of "free assessment by the judge", the AES offers a much higher level of evidence and robustness.

The key difference lies in the AES's ability to guarantee a secure and non-repudiable link between the signatory and the document. This is possible thanks to:

• Identification processes: To generate an AES, the service provider must implement processes that identify the signatory (though not always "in person" as with qualified electronic signatures, but often through strong authentication systems or prior knowledge).
• Traceability and integrity: The systems that generate the AES record significant metadata (such as timestamps, IP addresses, technical device data) that certify the time and conditions of the signature, and ensure that the document is not altered after signing.

These elements give the AES superior probative value in the event of a dispute, facilitating the acceptance of the document in a legal setting and reducing risks for the company.

Implementing AES requires relying on service providers who operate in compliance with the eIDAS Regulation and national laws. This isn't a technology that can be "done in-house" with generic tools, precisely because of its security and attribution characteristics.

To integrate AES into your company, the main steps include:

AES is particularly useful for those managing, for instance, a Lease agreement online and needing robust legal validity without the complexity (and cost) of a Qualified Signature.

Adopting Advanced Electronic Signatures (AES) can bring significant benefits, but it's crucial to avoid some common mistakes that could compromise their effectiveness or validity:

• Confusing AES with SES: Never underestimate the differences. A document signed with a simple checkbox will never carry the same weight as one signed with an AES.
• Failing to verify supplier compliance: Relying on uncertified solutions or those non-compliant with the eIDAS Regulation can make the signature weak or legally challengeable.
• Lack of an audit trail: An effective AES must include a detailed audit trail that records all signing actions and metadata. Skipping this step means losing proof of authenticity.
• Weak authentication processes: If the signatory's identification process before signing is flawed, even the most sophisticated AES could lose its evidential value.
• Poor management of signed documents: Electronically signed documents must be properly managed and stored to ensure their integrity over time and their retrievability.

For SMEs and large corporations, managing Advanced Electronic Signatures (AES) manually can be complex and risky. Dedicated software like YouKont offers a centralised solution that simplifies the entire process:

Simplifying these processes not only saves time and resources but also minimises legal risks. Discover how YouKont can transform your document management: Start your free trial.

While FEA is extremely versatile, it's crucial to be aware that for some specific types of documents (generally those legally requiring solemn forms, such as public deeds or authenticated private agreements), a Qualified Electronic Signature (QES) might be necessary, or even the intervention of a public official. This isn't the norm, but it's important to verify it on a case-by-case basis for highly regulated sectors.

Should you have any doubts about the most suitable type of electronic signature for a particularly critical document, or for processes involving complex regulations, it's always advisable to consult a legal professional specialising in digital law. This precautionary measure ensures that the adopted solution is fully compliant and offers maximum protection.

Document digitisation goes beyond a mere signature. It's a process that involves managing the entire lifecycle of a document, from its creation to its archiving.

To delve deeper into how to protect sensitive information and ensure confidentiality in agreements, we recommend reading our article dedicated to managing non-disclosure agreements: Editable NDA Template: What to Include and How to Get it Signed.