Which electronic signature equals a handwritten one in 2026?

For decades, handwritten signatures have been used to seal documents and legally express individual intent. However, as society advances and digitisation brings about significant changes, European jurisdiction has been giving way to innovations such as the European Digital Wallet, changes that have rendered handwritten signatures obsolete.

In this regard, we no longer ask ourselves whether paper can be replaced, but rather which electronic signature equals a handwritten one in 2026 and which offers the same legal guarantees.

For this reason, we have written an article as a guide to help you understand the entire digital ecosystem and legal hierarchy, always seeking full legal certainty in transactions.

The new legal framework: eIDAS 2 and the signature hierarchy

Regulation (EU) 2024/1183, also known as the eIDAS 2 Regulation or eIDAS 2, has arrived to update the field of digital authentication and identification compared to the original eIDAS Regulation. Broadly speaking, it promises to create a secure, interoperable and accessible digital identity ecosystem for all citizens by implementing a new digital system that clarifies which electronic signature equals a handwritten one.

Hierarchy and structural typology

However, one aspect that remains unchanged is the original classification of the eIDAS Regulation on the hierarchy of signatures, which distinguishes between three types:

• Simple electronic signature (SES): Of all of them, this offers the lowest level of security; it is recommended for use only in low-risk transactions such as emails or cookie acceptance.
• Advanced electronic signature (AES): This is created using signature creation data that you can use under your exclusive control and uniquely identifies the signatory. It also guarantees the integrity of documents and offers a high level of security, so it can be used for employment contracts, rentals or SEPA mandates.
• Qualified electronic signature (QES): Although, like the previous one, it is an advanced electronic signature, it is created using a qualified device, based on a qualified certificate. It has the highest level of security and is equivalent to a handwritten signature. In this case, it is the type used in notarial deeds, powers of attorney or important procedures with the Public Administration.

Which electronic signature is equivalent to a handwritten signature?

Regulation (EU) 910/2014 states that a qualified electronic signature ‘shall have the same legal effect as a handwritten signature’ as it has three pillars that it does not share with the rest:

• Presumption of validity: Its nature ensures in the eyes of the law that it is authentic, complete and that the signatory is, in fact, who they claim to be. If anyone wishes to challenge it, that person must prove that it is false, which is practically impossible.
• Qualified Trust Service Provider (QTSP): It is based on a qualified certificate issued by an entity authorised for this purpose by the State.
• Secure device (QSCD): Requires a Qualified Signature Creation Device (QSCD), which can be anything from a physical chip in your ID card to a token or a security module in the cloud. This device ensures that the signature keys are under the exclusive control of the user and cannot be duplicated or forged.

In short, if you are wondering which electronic signature is equivalent to a handwritten one, the advanced signature can be used as evidence in court, but it requires expert analysis if it is challenged, and could be rejected by certain institutions if it does not meet specific requirements. However, it is the qualified signature that has absolute legal validity by default and cannot be rejected in any EU member state.

The qualified electronic signature has become the preferred option for completing procedures in sectors such as healthcare (informed consent); real estate (remote property sales and notarial procedures); and retail and consumer goods (cross-border trade transactions with other EU member states).

The EUDI Wallet (European Digital Wallet) revolution

The differences between the eIDAS Regulation and eIDAS 2 are striking. The main additional factor introduced by the new regulation is the incorporation of the European Digital Identity (EUDI) Wallet, or European Digital Wallet, a concept that was born a few years ago to address the shortcomings of the original eIDAS Regulation that were observed in its practical application.

Although throughout 2026 the Member States of the European Union will provide their citizens with a free version of the wallet via a mobile app, it is more than just a ‘storage facility’ for documents. Legally, it is the instrument that, for the first time, puts a signature in the hands of any citizen from their smartphone with the same legal validity as on paper. Until now, obtaining a qualified electronic signature has been a costly and technically complex process, but with the new system, Member States will be able to identify citizens free of charge for non-professional purposes.

Based on the EIDAS 2 regulation, the European Digital Wallet uses attribute statements (EAA/QEAA) validated by authentic sources. Thanks to this addition, an individual will be able to prove a specific status: professional capacity (such as ‘Chartered Architect’, for example); legal representation (on behalf of a specific company) or qualifications. In addition, with the Sovereign Digital Identity model, each user will be able to decide what data to share and with whom, without having to reveal extra or unnecessary information from their ID card.

Why will full equivalence be achieved in 2026?

If we answer the question we asked at the beginning of this article (which electronic signature is equivalent to a handwritten signature?), the answer is simple: among the different types that exist, the qualified signature is the one that has full legal equivalence with the handwritten signature. The pillars that make it up (presumption of validity, trusted service provider and secure device) make it the ideal and legally accepted solution. And, in this vein, the qualified electronic signature remains the tool of choice for guaranteeing identity, integrity and legality in the European community.

However, this year a new factor comes into play that changes the paradigm of digital identity and authentication: the European Digital Wallet. The accessibility offered by this system allows anyone with a mobile phone to identify themselves.

Is your organisation ready to accept the eIDAS 2 Regulation? Don’t wait until it’s too late, start completing your documents today with full legal guarantees.