The digital handshake: How
e-signatures are changing deals
Sending electronic documents online has become a common practice, and these documents often require signatures. Electronic signatures, also called e-signatures, provide an efficient way to sign documents online, leading to reduced paperwork and more streamlined transactions. E-signatures also help protect documents with enhanced security and authentication techniques. As a result, e-signatures have gained popularity worldwide, helping businesses meet their objectives efficiently.
E-signatures in the Netherlands: Making business easier
Businesses in the Netherlands are moving away from paper and embracing electronic signatures to save time and simplify everyday processes. Backed by clear legal frameworks, including EU and Dutch regulations, e-signatures are trusted for agreements, approvals, and contracts. With strong digital infrastructure and widespread use of electronic IDs, companies can handle paperwork quickly, securely, and without unnecessary hassle.
Zoho Sign helps Dutch businesses keep things moving smoothly. From speeding up document approvals to making it easier for teams and clients to sign from anywhere, it's a secure, reliable way to get work done faster, reduce costs, and focus on what really matters. It also covers all the essentials businesses look for in a signing solution, including:
- Faster signing processes
- Boosted productivity
- Reliable signer verification
- Strong security
- Remote access from anywhere
- Better experience for users
- Cost savings
E-signatures in action: Business and beyond
Governing laws on Electronic Signatures
In the Netherlands, Electronic Signatures are primarily governed by the EU eIDAS Regulation (Regulation (EU) No 910/2014), which sets the standards for electronic identification and trust services across the European Union.
The Dutch Civil Code (Burgerlijk Wetboek, or BW) also addresses the validity and legal recognition of Electronic Signatures within the country.
Together, these regulations form the framework for legally recognized electronic transactions in the Netherlands.
Electronic Signatures under the law
Electronic Signature
An Electronic Signature is any data in digital form that is attached to or linked with another electronic record and is used by a person to sign it.
Advanced Electronic Signature (AES)
An Advanced Electronic Signature is a more secure form of e-signature. To qualify as an AES, it must:
- Be uniquely linked to the signer.
- Clearly identify the signer.
- Be created using data that only the signer can control, with a high level of confidence.
- Allow detection of any changes made to the signed document after signing.
Qualified Electronic Signature (QES)
A Qualified Electronic Signature is the highest standard of e-signature. It builds on the requirements of an AES but is additionally:
- Created using a certified electronic signature device.
- Backed by a qualified certificate for electronic signatures issued by a recognized provider.
Additional qualified services
Validation services:
Only qualified trust service providers can validate qualified e-signatures. These services must work automatically, deliver reliable results, and include the provider's own Advanced E-Signature or Seal.
Preservation services:
Qualified trust service providers can also offer preservation services. These ensure that the trust and validity of Qualified E-Signatures remain intact even after their original technological standards expire.
Legal standing of Electronic Signatures
General validity:
Electronic Signatures cannot be dismissed or denied in court simply because they are digital or because they do not meet the strictest (QES) standard.
QES:
A QES carries the same legal weight as a handwritten signature. If it is based on a qualified certificate issued in one EU Member State, it must be accepted as valid across all other Member States.
Dutch Civil Code:
Under BW 3 Section 15a, Electronic Signatures are recognized, and QES specifically has the same legal effect as a handwritten signature.
When Electronic Signatures cannot be used
Certain legal transactions in the Netherlands require a notarial deed, meaning an E-Signature on its own will not be sufficient. These include:
- Transfer of registered property
- Creation of a mortgage
- Wills (testaments)
- Company incorporation
Digital signature certificates
Certificate for Electronic Signature
A certificate for an Electronic Signature is a digital attestation that links the signature to a
specific person. It confirms at least the name or pseudonym of the signer.
Qualified certificate for Electronic Signature
A qualified certificate is a higher standard of certificate issued by a qualified trust service provider. It meets specific requirements defined in eIDAS.
Trust service providers
Trust Service Provider (TSP)
A Trust Service Provider is an individual or organization that offers one or more trust services, either as a qualified or non-qualified provider.
Qualified Trust Service Provider (QTSP)
A Qualified Trust Service Provider offers qualified trust services and has been officially granted qualified status by a supervisory authority.
Recognition of foreign digital certificates
For QES to be valid across borders, their certificates must follow eIDAS rules. Countries can add extra information, such as unique identifiers, as long as it does not interfere with cross-border recognition.
Electronic Seals
Electronic Seal
An Electronic Seal is digital data attached to or associated with other digital content to verify its origin and ensure it has not been altered.
Advanced Electronic Seal (AES)
An Advanced Electronic Seal adds a higher level of security. To qualify as an AES, it must:
- Be uniquely linked to its creator.
- Identify the creator.
- Be created using data that only the creator can control with high confidence.
- Allow detection of any changes to the sealed content.
Qualified Electronic Seal
A Qualified Electronic Seal is an Advanced Seal created using a certified seal creation device and based on a qualified certificate for Electronic Seals.
Legal effect
- An Electronic Seal cannot be dismissed in legal proceedings just because it is digital or does not meet the highest standards.
- A Qualified Electronic Seal is assumed to guarantee the integrity of the sealed content and confirm its correct origin.
- If issued with a qualified certificate in one EU Member State, it must be recognized as valid across all other Member States.
- The rules for validation and preservation of Qualified Electronic Signatures also apply to Qualified Electronic Seals.
Electronic Timestamps
Electronic Timestamp
An Electronic Timestamp is digital data that links other digital content to a specific point in time, providing evidence that the content existed at that moment.
Qualified Electronic Timestamp (QETS)
A Qualified Electronic Timestamp meets higher standards of security and reliability. It must:
- Securely connect the date and time to the data, preventing undetectable modifications.
- Use an accurate time source synchronized with Coordinated Universal Time (UTC).
- Be signed with an Advanced Electronic Signature, sealed with an Advanced Electronic Seal from a Qualified Trust Service Provider, or use an equivalent trusted method.
Legal effect
- Electronic Timestamps cannot be dismissed in legal proceedings solely because they are digital or do not meet the highest standards.
- A Qualified Electronic Timestamp is presumed to accurately record the date and time and to protect the integrity of the linked content.
- If issued in one EU Member State, a Qualified Electronic Timestamp must be recognized as valid across all other Member States.
Zoho Sign: Fast, reliable, and
secure e-signatures for the Dutch market
Identification and reliability:
Zoho Sign employs strong authentication techniques, such as OTP authentication and PKI-based digital signatures using digital certificates, to ensure the e-signature identifies the signatory.
Sole control over the data being signed:
Only the signatory is allowed to review the document before signing and reject the document if necessary.
Intention of the signatory:
This can be collectively projected by the contents of the electronic documents (like the terms in an agreement), audit trail, and completion certificate.
Detectable alterations:
Zoho Sign ensures that any alterations to the electronic signature or the document to which the signature is affixed are detectable through an elaborate audit trail of all activities during the signing process. This audit trail comprises critical information, such as the identity of the signatory, the timestamp of the signature, and changes made to the document.
Enhanced security:
Zoho Sign employs robust encryption protocols, such as the military-grade AES-256 encryption at rest and the TLS/SSL protocol in transit, to ensure that the data transmission between the signing platform and the data being signed is secure. This prevents exposure of documents and data from data breaches.
Audit trails:
Audit trails provide a comprehensive itemized record of every action taken on a document, ensuring full transparency and accountability throughout the signing process. This detailed log enhances security and serves as legal evidence in case of disputes, making it a vital tool for businesses to maintain compliance and trust in their digital transactions.
Document Timestamping:
Zoho Sign offers document timestamping or Qualified Electronic Seals through its partnership with Uanataca, a QTSP recognized in the EU. This helps validate the authenticity of a digital signature and aids in verifying that the signed document existed in the given form at the time of signing and remains unaltered.
Key takeaway
Printing, signing, and scanning documents? That's a thing of the past. Dutch businesses can now handle agreements quickly, securely, and effortlessly with e-signatures.
Zoho Sign helps you simplify the entire process—getting approvals, collaborating with teams, and working with clients anywhere in the country or across the globe—all without leaving your desk.
The outcome is streamlined, secure, and cost-efficient document workflows that save time, minimize administrative effort, and allow your team to focus on core priorities. Try Zoho Sign today and transform the way you manage agreements.
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Disclaimer
The information provided in this document is for general informational purposes only and shall not be construed as legal, regulatory, or any other form of professional advice. Zoho Sign disclaims any liability for any error in the information provided herein. We recommend that you consult your legal counsel for any questions that you may have in this regard.