Qualified Electronic Signature in Public Procurement Law

Definition: A qualified electronic signature is an advanced electronic signature which, pursuant to Art. 3(12) of the eIDAS Regulation (EU) No 910/2014, is created by a qualified electronic signature creation device and is based on a qualified certificate for electronic signatures; under Art. 25(2) eIDAS, it is legally equivalent to a handwritten signature.

Last updated: January 2026 · Legal basis: eIDAS Regulation (EU) No 910/2014, Art. 3(12), Art. 25(2); Directive 2014/24/EU; BVergG 2018; VgV

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What is a qualified electronic signature?

The qualified electronic signature (QES) is the highest level of security in the tiered system of the eIDAS Regulation and the only electronic signature procedure that is fully legally equivalent to a handwritten signature.

Pursuant to Art. 3(12) eIDAS, the QES requires two cumulative technical requirements:

1. Qualified certificate: The certificate must be issued by a qualified trust service provider listed on the national trusted list. The qualified certificate contains the signer's public key and information about their identity, and is vouched for by the trust service provider.

2. Qualified signature creation device (QSCD): The signature must be created using a secure creation device that meets the requirements of Annex II of the eIDAS Regulation. Typically this is a smart card, a USB token or a certified cloud solution. The QSCD ensures that the private key never leaves the device and can only be activated by the signer.

The legal equivalence to a handwritten signature under Art. 25(2) eIDAS applies EU-wide and in all Member States, without national laws being permitted to impose additional technical requirements that would impede cross-border use.

Significance and function

In procurement law, the qualified electronic signature is to be used wherever the statutory written form or the handwritten signature is required – in particular for the signing of procurement contracts and certain bid documents.

The main fields of application for the QES in the procurement procedure:

• Contract signing: Procurement contracts that require the written form can be legally validly signed electronically with a QES.
• Form-bound declarations: Self-declarations, undertakings and similar documents for which the written form is prescribed by law.
• Bids in certain procedures: Depending on national arrangements, a QES may be provided for the transmission of bids on electronic procurement platforms.

Cross-border recognition: A significant advantage of the QES is its cross-border recognition within the EU. Art. 25(3) eIDAS obliges Member States to recognise qualified electronic signatures from other Member States, provided they are based on a qualified certificate.

Legal basis

The requirements for the qualified electronic signature are exhaustively and directly regulated in the eIDAS Regulation; supplementary national rules specify supervision of trust service providers.

• EU: eIDAS Regulation (EU) No 910/2014, Art. 3(12), Art. 25, Annex I (qualified certificates), Annex II (QSCD requirements)
• Austria: BVergG 2018; E-Government Act (E-GovG); supervision of qualified trust service providers by RTR-GmbH (Broadcasting and Telecommunications Regulatory Authority); the Austrian trusted list is available at ec.europa.eu/digital-building-blocks
• Germany: VgV § 11; the Signature Act has been superseded by eIDAS; supervision by the Federal Network Agency; the German trusted list is maintained and published by the Federal Network Agency

Contracting authorities that require a QES for certain documents must clearly communicate this in the procurement documents. Disproportionate requirements – particularly where an advanced or simple signature would suffice – may be challenged as a breach of the principle of proportionality.

Related terms

• Electronic signature
• Advanced electronic signature
• Electronic procurement
• Bid
• Bid examination
• Procurement procedure
• Equal treatment principle
• Review proceedings

FAQ

Is the QES recognised as a handwritten signature in all EU Member States? Yes. Art. 25(2) eIDAS provides that a qualified electronic signature has the same legal effect as a handwritten signature. Art. 25(3) obliges Member States to recognise QES from other Member States. This recognition applies as long as the signature is based on a qualified certificate and meets the QSCD requirements.

Which qualified electronic signature providers are authorised in Austria and Germany? In Austria, RTR-GmbH conducts supervision and publishes the trusted list of authorised trust service providers. In Germany, the Federal Network Agency is responsible. Both national trusted lists are consolidated in the EU-wide Trusted List Database of the European Commission.

Can a QES also be created as a cloud signature? Yes. So-called remote signatures or cloud QES are possible, provided that the signature creation device used meets the QSCD requirements of Annex II eIDAS. The trustworthiness of the provider must be demonstrated through certification.

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