Qualified Electronic Seal in Public Procurement Law 2026
Qualified electronic seal: highest security level for electronic seals of legal persons – definition, legal effect and use in procurement law.
Definition: A qualified electronic seal is an electronic seal created by a legal person (e.g. a company or public authority) using a qualified certificate for electronic seals, which meets the highest technical and legal requirements and grants the seal a statutory presumption of integrity and authenticity of the sealed data.
Last updated: January 2026 · Legal basis: eIDAS Regulation (EU) No 910/2014 Art. 35 et seq., BVergG 2018, Signature Act (SigG) Austria
Distinction from related concepts
The qualified electronic seal is the counterpart to the qualified electronic signature for legal persons. Whereas the signature identifies a natural person and is attributed to their declaration of intent, the seal identifies a legal person (e.g. a GmbH, AG or public authority) and confirms the origin and integrity of the sealed data. It is not a declaration of intent but an attestation of authenticity.
| Feature | Qualified electronic signature | Qualified electronic seal |
|---|---|---|
| Holder | Natural person | Legal person |
| Purpose | Declaration of intent | Authenticity and integrity |
| Legal basis | eIDAS Art. 26 et seq. | eIDAS Art. 35 et seq. |
Legal effect under eIDAS
Art. 35(2) of the eIDAS Regulation establishes a statutory presumption: a qualified electronic seal is presumed to ensure the integrity of the data and the attribution of the data to the legal person whose certificate was used to create the seal. This presumption has considerable evidentiary significance: in a dispute, the party contesting authenticity or integrity must furnish proof to the contrary.
Use in procurement law
In procurement law, qualified electronic seals are used in particular for the machine processing of procurement documents, automated notices and the authentication of procurement platforms. Contracting authorities can use qualified electronic seals to confirm the authenticity and integrity of procurement documents made available digitally. Bidders, in turn, can use qualified seals to provide proof of origin for company documents (e.g. commercial register extracts, certificates).
Technical requirements
The qualified electronic seal must:
- Be created with a secure signature or seal creation device (QSCD)
- Be based on a qualified certificate for electronic seals, issued by a qualified trust service provider
- Meet the requirements of Annex II of the eIDAS Regulation
Related terms
- Qualified electronic signature
- Secure signature creation device (SSCD)
- Electronic signature
- Electronic procurement
FAQ
Can bidders use a qualified electronic seal for their bids? Yes, provided the procurement documents permit this. Equivalence with the qualified electronic signature must be examined.
Is a qualified electronic seal recognised EU-wide? Yes. The eIDAS Regulation applies directly in all EU Member States. Qualified seals from an authorised trust service provider in one Member State must be recognised in all other Member States.
Who issues qualified certificates for electronic seals? Qualified trust service providers listed on the national trusted list. In Austria, for example, this is A-Trust GmbH.
Last updated: January 2026 All information without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.
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