Reference:GBR The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 23-Jan-2019 -

Document information
Reference	GBR The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 23-Jan-2019
Validity area	GBR
Scope(s)	G
Document name	The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019
Version / Revision	23-Jan-2019
Status	Current
Document type	Legal act
Language(s)	EN
Description	The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019
Official source	Official link
Restricted access	No
Submitted by	Florian Adragna
Contributors

Reference Details
Module	Module 4 — Unit 4.2.4
Scope	G
Document part	-
Language	EN
Original entry by	Florian Adragna
Contributors
Tags	Electronic signature, Signature, Requirements

Content

Summarized in "Electronic Execution of Documents - Industry Working Group Interim Report" (01-Feb-2022) https://assets.publishing.service.gov.uk/media/61f8f4e2d3bf7f78ebc99032/electronic-execution-documents-industry-working-group-interim-report.pdf

23. Under Article 25(1) of UK eIDAS, an electronic signature cannot be denied legal effect (either in terms of legal validity or admissibility as evidence) solely because of its electronic nature. It distinguishes between the three levels of electronic signature: i. Simple ii. Advanced Electronic Signature (AES) and iii. Qualified Electronic Signature (QES)

A: Simple Electronic Signatures40 25. The simple electronic signature is the most basic form of electronic signature. It is also currently the most widely used in the UK. Simple electronic signatures take many forms, such as “writing” using a finger or stylus, attaching a text or digital image, typing a name or symbol, or using a recognised signature software platform.

B: Advanced Electronic Signatures (AES) 26. The crucial feature of Advanced Electronic Signatures (AES) is that they require a link between the signature and the signatory, with a view to providing a degree of identity authentication. AES meet the extra requirements set out in UK eIDAS Regulation Article 26, which require the following of a signature: a. it is uniquely linked to the signatory; b. it is capable of identifying the signatory; c. it is created using electronic signature creation data that the signatory can, with a high level of confidence, use under his sole control; and d. it is linked to the data signed therewith in such a way that any subsequent change in the data is detectable. 27. Most AES currently rely on Public Key Infrastructure (PKI) to meet these requirements, the technical process for which is explained below.41 A Certificate Authority (CA) will also be involved as a trusted party to create, manage and store the relevant keys.

C: Qualified Electronic Signatures (QES) 28. The most secure type of electronic signature, the QES builds on the features of the AES by requiring both additional technological protection as well as the involvement of a third party in the form of a Qualified Trust Service Provider (QTSP). 29. QTSPs are regulated by UK eIDAS through The Information Commissioner’s Office (ICO). Those wishing to become QTSPs must apply to a conformity assessment body, and those bodies in turn must be accredited by the United Kingdom Accreditation Service (UKAS).42 Although UK eIDAS retains many aspects of the EU Regulation, including allowing the legal effect of EU eIDAS qualified services to continue to be recognised and used in the UK, no reciprocal agreement currently exists. This means that UK eIDAS Regulation QTSPs are not automatically recognised and accepted as equivalent within the EU. 30. To be a QES, a signature must first fulfil the requirements of an AES. It must also be accompanied by a Qualified Certificate (QC) provided by a QTSP. The purpose of the QC is to verify the identity of the holder, and to prove that he or she is both a real person and the same individual who has created the account. The signature itself must also have been created by means of a Qualified Signature Creation Device (QSCD), the technical process for which is explained below.43 31. QES are the only electronic signatures which have the same legal effect as a handwritten “wet ink” signature; that is, they carry a presumption of authenticity. (“Wet-ink” is a phrase that is generally used to refer to signatures that are performed in the traditional way by writing or signing with a pen. As a colloquial expression, it appears to be increasingly widespread in its use.)