AES vs. QES — the differences that matter

The eIDAS regulation splits electronic signatures into three levels. In practice, two matter:

1. AES — Advanced Electronic Signature

AES uniquely links the signatory’s identity to the document. ContrActual issues AES via email OTP + sealed PDF + a 7-year audit trail.

• Legally equivalent to a handwritten signature for most commercial contracts in RO
• Accepted by courts as evidence
• Cost: included in every plan

2. QES — Qualified Electronic Signature

QES is the only level with automatic presumption of validity across the EU. It requires a qualified certificate from an authorized provider (CertSign in Romania).

• Legally equivalent to a handwritten signature for any contract type
• The only signature accepted for electronic notary procedures
• Cost: per signature, via marketplace

When to use which?

• Ongoing commercial contracts — AES is enough
• Notarized acts, powers of attorney — QES required
• High-value or high-risk contracts — QES recommended

When in doubt, ask a lawyer from the marketplace.