The Legality of eSignatures in Luxembourg

Documents that can be signed electronically

In Luxembourg, a Qualified Electronic Signature (QES) holds the same legal validity as a handwritten signature. Such signatures are mandated by law for specific types of documents. However, unless a particular law specifies otherwise, a Simple Electronic Signature (SES) is generally acceptable for most documents in Luxembourg.

Documents that may not be electronically signed

Use cases where an SES is not permitted include:

• Notarial deeds for long-term leases
• Public auction by a notary or judicial officer of seized goods
• Specific debtor sales of assets in bankruptcy
• Public entity contracts that must be approved by a supervisory authority
• Certain documents that require a license or prior authorisation

Types of e-signature permitted in Luxembourg

The eIDAS regulation defines an electronic signature as data in electronic form which is attached or logically associated with other data in electronic form and which is used by the signatory to sign. It distinguishes between three types of e-signature, simple, advanced, and qualified.

• Simple – the most basic form of e-signature that can be in the form of typing your name at the bottom of an email or checking an approval box. There are no specific security or identity verification requirements for a simple e-signature.
• Advanced – this type of signature is uniquely linked to the signer, can accurately identify the signer, is created using data that the signer can be confident is under their sole control and is linked to the data in a way that detects any subsequent changes that are made. Advanced electronic signatures are more secure than simple signatures and are legally binding in most use cases.
• Qualified – this type of signature is similar to advanced but has additional requirements providers must adhere to. They must be certified based on public keys that have been issued using proper technological means. This means that the identity verification process is multi-step, using both encrypted keys and two-factor authentication.

Luxembourg does not have a separate definition for electronic signatures outside of the one established by eIDAS.

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

• Regulation (EU) No 910/2014 (2014) (eIDAS)

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction. 

Last Updated 9th October 2024