---
title: "Qualified electronic signature: definition | KYA glossary"
url: https://knowyouragent.ch/en/knowledge/glossary/qualified-electronic-signature
lang: en
updated: 2026-10-12
license: © Innopulse Consulting GmbH
---

# Qualified electronic signature

A qualified electronic signature (QES) is an electronic signature with a qualified certificate from a recognized provider that is legally equivalent to a handwritten signature.

In the EU, the eIDAS Regulation makes the qualified electronic signature equivalent to a handwritten signature. In Switzerland, the same applies under Article 14 paragraph 2bis of the Code of Obligations to qualified signatures with a qualified [timestamp](https://knowyouragent.ch/en/knowledge/glossary/rfc-3161-timestamp) under the Federal Act on Electronic Signatures, in Germany under Section 126a BGB and in Austria under the Signature and Trust Services Act. Requirements are a qualified certificate and a secure signature creation device.

For agents, the QES matters where the law requires written form. Most agent actions need no written form; there, a signed mandate serves mainly as proof.

## Example

A company lets its agent place orders up to CHF 5,000; a signed mandate is enough for that. For a surety agreement that requires written form, it is not: here the qualified electronic signature of the authorized signatory is needed.

## How it differs

A simple electronic signature can be a typed name, an advanced one is uniquely linked to the signatory, and only the qualified one replaces the handwritten signature. A signed mandate is usually an advanced signature and serves as proof.

## In practice

- For each action, check whether the law requires written form; only then is a QES needed.
- For agent actions without form requirements, keep signed mandates and receipts ready as evidence.
- Have contracts with form requirements signed with a qualified signature by an authorized signatory, not by the agent.

## Role in KYA

KYA verifies signatures cryptographically and reports the origin of the key. Whether a signature is legally qualified follows from the certificate and the anchor of a recognized provider, not from verification alone.

A term from the flow, not a check of its own. [To the method](https://knowyouragent.ch/en/method)

[Verify now: open a matching example](https://knowyouragent.ch/en/verify?beispiel=paket)

## Frequently asked questions

### What is a qualified electronic signature?

An electronic signature with a qualified certificate from a recognized provider, created with a secure signature creation device. It is equivalent to a handwritten signature.

### Does an AI agent need a QES?

Only for actions for which the law requires written form. Most orders, bookings and payments have no form requirement; there, a signed mandate is enough as proof.

### Can an agent create a qualified signature itself?

A QES is bound to a natural person and their qualified certificate. An agent cannot create one in its own name.

### Where is the QES governed by law?

In the EU in the eIDAS Regulation, in Switzerland in Article 14 paragraph 2bis of the Code of Obligations and the Federal Act on Electronic Signatures, in Germany in Section 126a BGB, in Austria in the Signature and Trust Services Act.

General information, not legal advice. The statutes and the circumstances of each case are decisive.

## Sources

- [Regulation (EU) No 910/2014 (eIDAS)](https://eur-lex.europa.eu/eli/reg/2014/910/oj)
- [Swiss Code of Obligations (CO), Art. 14](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_14)
- [German Civil Code (BGB), Section 126a](https://www.gesetze-im-internet.de/bgb/__126a.html)

## Related terms

- [Qualified timestamp](https://knowyouragent.ch/en/knowledge/glossary/qualified-timestamp)
- [eIDAS 2.0](https://knowyouragent.ch/en/knowledge/glossary/eidas-2)
- [Authority to act](https://knowyouragent.ch/en/knowledge/glossary/authority-to-act)
- [ID Austria](https://knowyouragent.ch/en/knowledge/glossary/id-austria)

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Quelle: https://knowyouragent.ch/en/knowledge/glossary/qualified-electronic-signature · KYA – Know Your Agent
