The Qualified Electronic Signature (QES): How Digital Signatures Simplify Everyday Work
The Qualified Electronic Signature (QES) has existed in Germany since August 1, 1997. On this date, EU Regulation No. 910/2014 (eIDAS Regulation) came into effect. This regulation governs electronic identification and trust services across Europe and equates the QES with a handwritten signature.
However, the use of the QES for employment contracts in Germany was previously not possible due to the Verification Act (Nachweisgesetz). Employers had to sign contracts with a handwritten signature, and replacing the written form with an electronic signature was explicitly prohibited.
With the introduction of the Bureaucracy Relief Act IV (BEG IV) on January 1, 2025, these restrictions were lifted. From this date onwards, employment contracts can be concluded entirely in electronic form. In most cases, additional written documents are no longer required, enabling fully digital processes.
Facts About Digital Signatures Before 2025
Since the introduction of the eIDAS Regulation, electronic signatures in the EU have been legally equivalent to handwritten signatures. However, different types and security levels apply depending on the use case:
- Electronic Signature (ES) for cost estimates or order confirmations.
- Advanced Electronic Signature (AES) for rental agreements, employment contracts, or supplier contracts.
- Qualified Electronic Signature (QES) for consumer loan agreements or employee leasing contracts.
It is crucial not to confuse the QES with the Advanced Electronic Signature (AES) or the Electronic Signature (ES).
Differences Between QES, AES, and ES
While the AES (Advanced Electronic Signature) is technically similar to the QES, this is not the case for the ES.
- Electronic Signature (ES):
The ES does not provide proof of the signer’s identity or the document’s integrity.
It is a basic form of electronic signature and is often not legally binding as it is vulnerable to manipulation.
- Advanced Electronic Signature (AES):
The AES is technically similar to the QES but lacks identity verification through a recognized certification service.
It is suitable for many electronic transactions and offers a medium security level.
- Qualified Electronic Signature (QES):
The QES has the highest security level.
A qualified certificate and a recognized certification service guarantee the signer’s identity.
It ensures the authenticity and integrity of the document, fulfilling the strictest legal requirements and providing strong evidence in legal disputes.
Changes from January 1, 2025 – Fully Digital Employment Contracts
Until the end of 2024, it was possible to sign employment contracts digitally. However, employers were required to provide a paper copy of essential contract conditions to employees. This legal requirement covered 15 specific points, including:
- Names and addresses of the contracting parties
- Start date of employment
- Workplace
- Job description
- Composition and amount of remuneration
- Working hours
- Duration of annual leave
- Notice periods
- References to applicable collective agreements or company agreements
With the introduction of the Bureaucracy Relief Act IV (BEG IV) on January 1, 2025, this paper requirement was removed. From this date, employment contracts can be fully digital without requiring additional printed documents.
Both the Advanced Electronic Signature (AES) and the Qualified Electronic Signature (QES) can be used:
- AES: Legally valid for digital contracts but with a lower security standard.
- QES: The highest security level, offering additional protection in legal disputes by ensuring the document’s identity and integrity.
The primary advantage of the QES lies in its evidentiary function, particularly valuable in civil legal disputes. Businesses benefit from seamless digital documentation and the ability to manage the entire contract process digitally—from creation and signing to archiving.
What Is the Qualified Electronic Signature (QES)?
The QES is the highest level of electronic signature security and has the same legal validity as a handwritten signature. According to the eIDAS Regulation, it is recognized across all EU member states and can be used for various documents.
A QES requires a qualified certificate issued by a Trusted Service Provider (TSP). Additionally, a qualified electronic signature creation device, such as a signature card, must be used to ensure its legal equivalence with a handwritten signature in the EU.
How Electronic Signatures, Especially QES, Simplify Workflows
Electronic signatures speed up processes and reduce costs. The QES, in particular, stands out for its high security and legal validity.
- Employment and Amendment Contracts:
New employment contracts or modifications (e.g., salary or working hours) can be legally concluded digitally.
Exception: In industries such as construction or hospitality (regulated under the Black Economy Act), written form remains mandatory. - Fixed-Term Agreements:
The written form requirement remains for fixed-term contracts per Section 14 (4) of the German Part-Time and Fixed-Term Employment Act (TzBfG).
Exception: Fixed-term employment until the statutory retirement age can be handled digitally. - Employment References:
References can be signed digitally with employee consent.
Without consent, the written form remains necessary.
General Benefits of Qualified Signatures
- Legal Validity: The QES is legally equivalent to a handwritten signature under German law and the eIDAS Regulation, recognized EU-wide.
- Highest Security: Encryption, authentication, and trust services protect signed documents from tampering.
- Versatility: QES can be used for various documents in businesses and government institutions.
- Time Savings: QES enables fast and easy document signing, eliminating the need for physical meetings or postal delivery.
- Cost Reduction: Reduces printing and administrative expenses.
Benefits of QES for Employment Contracts
- Fully Digital Workflow: From document creation to electronic signing and digital archiving.
- Increased Productivity: Reduces delays caused by paper-based processes.
- Employer Attractiveness: Electronic signature use enhances employer appeal, especially for young professionals.
Limitations of Electronic Signatures
Some documents still require a handwritten signature:
- Post-contractual non-compete clauses (Section 74 (1) HGB)
- Terminations or termination agreements (Section 623 BGB)
- Internship contracts without minimum wage (Section 2 NachwG)
How Is a QES Created?
1. Identity Verification
The signer must verify their identity, usually via two-factor authentication.
2. Certificate Issuance
A Trusted Service Provider issues a qualified certificate ensuring signature validity.
3. Document Signing
The document is signed using a qualified electronic signature creation device. A cryptographic hash is created and encrypted with a private key. The recipient can verify authenticity and integrity using a public key.
Why Is QES So Secure?
Due to multi-step verification with two-factor authentication, a trusted certificate, and a cryptographic hash function, QES guarantees:
- Maximum legal security for employment contracts.
- Strong evidentiary value in civil disputes.
- Technical protection against manipulation through cryptographic safeguards and verified signer identification.
Digital Signatures: Adopt Electronic Signing Today
QES enables companies to streamline processes efficiently and legally.
1. Obtain Certificates:
A qualified certificate from a trusted provider is required for legally recognized digital signatures.
2. Train Employees:
Staff must understand the different signature types and their legal implications.
3. Integrate QES into HR Systems:
Connecting QES to HR software, ERP tools, or document management systems enhances efficiency.
4. Optimize Onboarding:
QES streamlines the onboarding process, making it digital, fast, and legally secure.
QBS Software: Your Partner for Digital Signatures
QBS Software offers solutions for creating and integrating QES seamlessly into existing systems. Get expert advice and embrace advanced digital signing to drive digital transformation.