Electronic Signature Legality in the Netherlands

Electronic signatures have been legally recognized in the Netherlands since 2003 and are governed by both Dutch law and the eIDAS Regulation (EU Regulation No. 910/2014). eIDAS created a unified legal framework for electronic identification and trust services across all EU Member States, including the Netherlands.

Are eSignatures Legally Binding in the Netherlands?

Yes. Under Article 3:15a of the Dutch Civil Code, agreements cannot be denied legal effect solely because they are concluded electronically. Contracts are valid as long as both parties agree—whether the agreement is verbal, written, or electronic.

To enforce a contract in court, both parties must present evidence. Electronic signature solutions that include identity verification and audit trails offer strong evidentiary value and are admissible under Article 152(1) of the Dutch Civil Procedure Act.

Civil Law and Contracts in the Netherlands

The Netherlands follows a Civil Law system, which:

• Is rooted in Roman law
  
  
• Emphasizes written statutes and organized legal codes
  
  
• Prioritizes cooperation, accessibility, and adaptability
  
  
• Empowers judges to interpret and adjust laws where necessary
  

Civil Law systems, used in over 60% of the world’s countries, offer a clear framework for validating electronic transactions and agreements.

eIDAS Regulation and Signature Types

Since July 1, 2016, the eIDAS Regulation has standardized the use of electronic signatures across the EU. It defines three types of signatures:

1. Standard Electronic Signature (SES)

• Basic form of electronic signing (e.g., typed names or scanned signatures)
  
  
• Accepted for low-risk transactions
  
  
• May require additional evidence for enforceability
  

2. Advanced Electronic Signature (AES)

• Uniquely linked to and capable of identifying the signer
  
  
• Created under the sole control of the signer
  
  
• Detects any changes made after signing
  

3. Qualified Electronic Signature (QES)

• Backed by a qualified certificate
  
  
• Issued by a Trusted Service Provider (TSP) registered in the Netherlands
  
  
• Legally equivalent to a handwritten signature under Article 25(2) of eIDAS
  

A QES must be recognized across all EU Member States, and according to Article 25(1), no electronic signature may be denied legal effect solely for not meeting QES standards.

Choosing the Right Signature Type

While all three types of eSignatures are legally valid, national law may dictate the required level of signature depending on the nature of the transaction (as outlined in Recital 49 of eIDAS).

In practice:

• SES is suitable for basic agreements
  
  
• AES is recommended for sensitive business documents
  
  
• QES is ideal for high-value contracts and legal proceedings
  

Disclaimer

This content is for general informational purposes only and does not constitute legal advice. Laws and interpretations may vary by case or jurisdiction. Please consult a qualified legal professional regarding your specific situation. Blueink disclaims all liability for actions taken or not taken based on this content to the fullest extent permitted by law.