Electronic Signature in Public Procurement

Definition: The electronic signature is a digital procedure for authenticating data and persons which, under the eIDAS Regulation (EU) No 910/2014, is divided into three levels – simple, advanced, and qualified electronic signature – and which in public procurement ensures evidence of authorship and integrity of electronic documents.

Last updated: January 2026 · Legal basis: eIDAS Regulation (EU) No 910/2014; Directive 2014/24/EU; BVergG 2018; VgV

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What is an electronic signature?

The electronic signature is the digital equivalent of the handwritten signature and makes it possible to sign electronic documents in a legally binding manner and to demonstrate their integrity.

The eIDAS Regulation (EU) No 910/2014 (Electronic Identification, Authentication and Trust Services) creates a uniform European legal framework for electronic signatures, seals, time stamps, and other trust services. It distinguishes three security levels which differ considerably in their technical requirements and legal effect:

Simple electronic signature (SES): The simplest form covers all data in electronic form which is attached to or logically associated with other electronic data and used for signing (Art. 3(10) eIDAS). This includes, for example, a scanned signature or a simple PIN entry. It offers only minimal security and is not sufficient for most procurement-relevant documents.

Advanced electronic signature (AES): This level meets the requirements of Art. 26 eIDAS: unique attribution to the signatory, capability to identify them, creation with data under the signatory's sole control, and detectability of any subsequent change. It offers significantly higher security but is legally not equivalent to a handwritten signature.

Qualified electronic signature (QES): The highest security level is based on a qualified certificate issued by a qualified trust service provider and is created using a qualified electronic signature creation device (Art. 3(12) eIDAS). According to Art. 25(2) eIDAS, the QES has the same legal effect as a handwritten signature.

Significance and function

In public procurement, the electronic signature is of central importance because the move to electronic procurement procedures (e-procurement) requires legally secure digital communication between contracting authority and bidders.

Directive 2014/24/EU and its national transpositions oblige public contracting authorities to use electronic communication. Bids, requests to participate, and other procurement-relevant documents must be transmitted digitally. It must be ensured that:

• the identity of the signatory can be demonstrated,
• documents cannot be altered unnoticed after signing,
• the time of signing or submission can be determined (time stamp).

Time stamps under Art. 3(33) eIDAS are electronic data linking other electronic data to a particular time, thereby providing evidence that the latter existed at that time. They are particularly relevant for compliance with bid submission deadlines.

Legal basis

The legal requirements for electronic signatures in public procurement arise from the interplay between European trust services law and national procurement law.

• EU: eIDAS Regulation (EU) No 910/2014, Art. 3, 25, 26; Directive 2014/24/EU, Art. 22
• Austria: BVergG 2018, in particular provisions on electronic communication; E-Government Act (E-GovG); qualified trust service providers are supervised by RTR-GmbH (Austrian Regulatory Authority for Broadcasting and Telecommunications)
• Germany: VgV § 11 (electronic communication); qualified trust service providers are subject to the supervision of the Federal Network Agency; the Signature Act was superseded by the eIDAS Regulation

In Austria, RTR-GmbH supervises qualified trust service providers and publishes a corresponding trusted list. In Germany, the Federal Network Agency takes on this function and likewise maintains a trusted list of accredited providers.

For practical application in public procurement, the following applies: requirements regarding the form of signature must be clearly communicated in the notice or the procurement documents. A breach of disproportionate signature requirements can lead to reviewability of the award decision.

Related terms

• Advanced electronic signature
• Qualified electronic signature
• Electronic procurement
• Bid submission deadline
• Bid evaluation
• Procurement procedure
• Principle of equal treatment
• Review procedure

FAQ

Which form of signature is required for bids in a procurement procedure? The required form of signature depends on the specific procurement procedure and the contracting authority's specifications. As a rule, at least an advanced electronic signature is required for legally binding bids; in sensitive cases, a qualified electronic signature is required. Contracting authorities must clearly set out the requirements in the procurement documents.

Is a scanned signature an electronic signature? A scanned signature is regarded as a simple electronic signature within the meaning of Art. 3(10) eIDAS. However, it does not offer a sufficient level of security for procurement-relevant documents, as it neither reliably proves the identity of the signatory nor rules out manipulation.

What is a qualified time stamp and what is it used for in public procurement? A qualified electronic time stamp pursuant to Art. 42 eIDAS is a trust service that provides evidence that certain electronic data existed at a particular point in time. In public procurement, it is relevant for proving the timely submission of bids or the signing of documents.

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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.