eSignature Legality Guide

According to Luxembourg law, a handwritten signature is not always necessary for a contract to be valid—contracts are generally enforceable if the parties are legally capable and reach an agreement, whether that agreement is made verbally, electronically, or in writing (this is known as the ‘principle of consent’). Article 25.1 of EU Regulation No 910/2014 of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (the “eIDAS Regulation”), which is directly applicable, specifically states that contracts cannot be denied enforceability solely because they are concluded electronically. To establish a valid contract, parties may need to provide evidence in court. Leading digital transaction management solutions can offer electronic records that are admissible as evidence under Article 25 of the eIDAS Regulation, supporting the existence, authenticity, and acceptance of a contract. Luxembourg law gives a qualified electronic signature (QES) the same legal status as a handwritten signature, which is required for certain documents. The eIDAS Regulation replaced the e-Signatures Directive (1999/93/EC) and applies directly in all 28 EU member states. The regulation is technology-neutral and recognizes three types of electronic signatures: SES, AES, and QES. Article 25(1) ensures that an electronic signature cannot be denied legal effect or admissibility as evidence in legal proceedings solely because it is in electronic form or does not meet QES requirements. Articles 25(2) and (3) grant QES the same legal standing as handwritten signatures and ensure that a QES recognized in one EU member state is accepted in all others. Recital 49 allows national laws to specify which type of electronic signature is required in particular situations.