What Is a Qualified Electronic Signature (QES)?
A qualified electronic signature (QES) is the only e-signature type that carries the same legal weight as a handwritten signature under eIDAS Art. 25(2) and ZertES Art. 11. Here is what that means in practice.
An electronic signature is not a single thing. European and Swiss law define three distinct tiers, each with different legal weight and technical requirements. At the top sits the qualified electronic signature, or QES, the only tier that carries the same legal presumption as a handwritten signature by statute.
The Three Tiers of Electronic Signature
Under eIDAS Regulation (EU) No 910/2014 and Switzerland's ZertES (SR 943.03), electronic signatures are classified into three levels:
- Simple Electronic Signature (SES) — any data in electronic form used to sign. A typed name in an email qualifies. No identity verification required. Legally the weakest tier.
- Advanced Electronic Signature (AES) — uniquely linked to the signatory, capable of identifying them, created using data under their sole control, and linked to signed data so any change is detectable (eIDAS Art. 26). Strong but not qualified.
- Qualified Electronic Signature (QES) — an AES created by a Qualified Electronic Signature Creation Device with a qualified certificate from a Qualified Trust Service Provider listed on the EU Trusted List. Under eIDAS Art. 25(2), a QES has the equivalent legal effect of a handwritten signature across all EU member states. Under ZertES Art. 11, a QES created in Switzerland has the same legal effect as a handwritten signature under Swiss law.
What Makes a Signature Qualified
The word qualified refers to the certificate used, not the software. A QES requires a qualified certificate from a QTSP listed on the EU Trusted List at eidas.ec.europa.eu/efda/tl-browser/ for EU-qualified signatures, or accredited under ZertES for Swiss-qualified signatures. Swisscom Trust Services is both EUTL-listed and ZertES-accredited.
The certificate must be issued after in-person or video-based identity verification against a government-issued ID. The signatory's identity is tied to a real person by an accredited authority, not just an email address.
Where QES Is Required by Law
Swiss law requires QES for specific contract types. A QES is the only e-signature accepted for contracts where statute requires written form, including employment contracts with non-compete clauses (OR Art. 340) and guarantee agreements (OR Art. 493). Without QES, these contracts may be voidable.
How Swiss Trust Layer Uses QES
Swiss Trust Layer integrates with accredited QTSPs to apply QES to documents sealed on the platform. Pricing starts at CHF 5 per document. See the fiduciary solutions page for workflow details.
QES vs a Notarized Document
For documents requiring notarial certification, a QES alone does not substitute. For documents requiring only written form (Schriftlichkeit), a QES under ZertES Art. 11 satisfies the requirement. Confirm with a licensed attorney in the relevant jurisdiction.
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