eIDAS Regulation in Procurement Law 2026

eIDAS Regulation: EU legal framework for electronic identification and trust services. Relevance for electronic signatures in procurement law.

Definition: The eIDAS Regulation (Regulation (EU) No 910/2014) is the European regulation on electronic identification and trust services for electronic transactions in the internal market. It creates uniform legal foundations for electronic signatures, seals, time stamps and certificates and thereby provides the basis for legally sound eProcurement procedures.

Last updated: January 2026 · Legal basis: Regulation (EU) No 910/2014 (eIDAS), eIDAS 2.0 – Regulation (EU) 2024/1183

What is the eIDAS Regulation?

The eIDAS Regulation creates a uniform European legal framework for electronic identification and trust services and is the legal basis for secure electronic transactions – including electronic award procedures. The abbreviation eIDAS stands for "electronic IDentification, Authentication and trust Services". The Regulation has applied directly in all EU Member States since 1 July 2016 and supersedes national signature law to that extent.

The eIDAS Regulation is of central importance for procurement law: it defines the requirements for the electronic signatures used to submit bids and to sign procurement documents.

Types of electronic signature under eIDAS

The eIDAS Regulation distinguishes three signature types, which are used in different ways in procurement law.

Simple electronic signature (SES)

The simple electronic signature covers all electronic data attached to or logically associated with other data and used by the signatory to sign (Article 3(10) eIDAS). It offers the lowest level of security and is generally not sufficient for legally binding procurement documents.

Advanced electronic signature (AES)

The advanced electronic signature (Article 26 eIDAS) is uniquely linked to the signatory, allows the signatory to be identified and is linked to the signed data in such a way that any subsequent change is detectable. In procurement law, it is often required for submitting bids on eProcurement platforms.

Qualified electronic signature (QES)

The qualified electronic signature (Articles 28, 29 eIDAS) is the most legally robust form and has the same legal effect throughout the EU as a handwritten signature (Article 25(2) eIDAS). It requires a qualified certificate from an approved trust service provider. In procurement law, the QES is intended for particularly sensitive procurement processes and form-bound declarations.

Trust services under eIDAS

In addition to electronic signatures, the eIDAS Regulation governs other trust services that are relevant in procurement law.

Electronic time stamps: Provide evidence that a document existed at a particular time – relevant for proving timely bid submission.
Electronic seals: Signature form intended for legal persons (companies, authorities); relevant for the issuance of documents by contracting authorities.
Electronic registered delivery services: Verifiable electronic delivery of procedural documents.
Website authentication: Ensuring the authenticity of eProcurement portals.

eIDAS 2.0

With Regulation (EU) 2024/1183 (eIDAS 2.0), the legal framework has been fundamentally modernised. The most important innovation is the introduction of the European Digital Identity Wallet, which allows natural persons to demonstrate their identity and entitlements digitally across the EU. For procurement law, this opens up new opportunities in the digital identification of bidders and the submission of suitability evidence.

Relevance in procurement law

The eIDAS Regulation is the technical foundation for legally sound eProcurement procedures throughout the EU. Without the legal framework created by eIDAS, the cross-border recognition of electronic signatures – and hence fully electronic, EU-wide public procurement – would not be possible. When using eProcurement platforms, contracting authorities must ensure that the signature methods used meet the eIDAS requirements.

Related terms

FAQ

Which signature type is required for electronic bid submission? This depends on national rules and the requirements of the relevant contracting authority. As a rule, an advanced or qualified electronic signature is required.

Does the eIDAS Regulation apply directly in Austria and Germany? Yes; as an EU regulation, eIDAS applies directly and does not require transposition into national law.

What does eIDAS 2.0 change for bidders in award procedures? In the medium term, the EU Digital Identity Wallet will enable simpler, cross-border digital identification. The practical impact on award procedures will depend on national implementation.

Last updated: January 2026 All information provided without warranty. For legally binding advice please contact a law firm specialising in procurement law.