Electronic Seal in Public Procurement 2026

Definition: Under the eIDAS Regulation, an electronic seal is an instrument equivalent to the electronic signature that is used by legal persons (not natural persons) to confirm the origin and integrity of electronic data; it is the functional equivalent of the electronic signature for organisations.

Last updated: January 2026 · Legal basis: Art. 3(25)–(35), Art. 35 et seq. eIDAS Regulation (EU) 910/2014, § 127a BGB, BVergG 2018

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What is an electronic seal?

The electronic seal is a term from the eIDAS Regulation (EU) 910/2014 and refers to an authentication instrument used by legal persons – i.e. companies, authorities, and other organisations – to confirm the origin and unfalsifiability of electronic documents. It functions technically similarly to an electronic signature but is not tied to a natural person.

Distinction from the electronic signature

The key difference between the electronic seal and the electronic signature lies in the signer:

Feature	Electronic signature	Electronic seal
Issuer	Natural person	Legal person (organisation)
Purpose	Declaration of intent by a person	Evidence of origin and integrity of an organisation
Legal binding effect	High (in particular qualified signature)	Evidence function, no declaration of intent
Typical use	Contract signing, bids	Document issuance, invoices, certificates

Levels of the electronic seal

The eIDAS Regulation distinguishes three levels of electronic seal:

1. Simple electronic seal: Basic form without specific requirements
2. Advanced electronic seal: Unique link to the organisation, detectability and unalterability of the sealed data
3. Qualified electronic seal: Highest security level, based on a qualified certificate; under EU law enjoys a presumption of data integrity

Significance in public procurement

In public procurement, electronic seals play an increasing role in the issuance of official documents and certificates as well as in the authentication of electronic procurement documents. Contracting authorities may use electronic seals to demonstrate the authenticity of the procurement documents provided. Bidders use them to authenticate company documents. Certification bodies use qualified seals for issuing electronic evidence.

FAQ

Can bidders use an electronic seal instead of an electronic signature to submit a bid? This depends on the requirements of the procurement platform and the contracting authority's specifications. For the actual bid submission, an electronic signature of a natural person (e.g. the managing director) is usually required. The seal is more suitable for accompanying documents.

Is a qualified electronic seal recognised in all EU Member States? Yes. The eIDAS Regulation is directly applicable in all EU Member States; qualified electronic seals are mutually recognised.

How do I obtain a qualified electronic seal for my company? Qualified seals are issued by accredited trust service providers listed in the EU Trust Service List (TSL).

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Last updated: January 2026 All information provided without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.