E-signatures · Glossary

What is an electronic seal?

An electronic seal is data in electronic form attached to or logically associated with other data to ensure its origin and integrity. Under the EU eIDAS Regulation it is created by a legal person, such as a company or public body, rather than by an individual, and proves that a document came from that organisation unchanged.

Think of it as the digital form of an official company stamp. It does not say that a person agreed to anything, which is what an electronic signature does; it says this organisation issued this file and nobody has altered it since.

· Co-founder

4 min read · Published

Electronic signatures and electronic seals under eIDAS (Regulation (EU) No 910/2014)
Electronic signatureElectronic seal
Created byA natural person, the signatoryA legal person, the creator of a seal
ShowsThat the person signs, usually agreeing to the contentOrigin and integrity of the data
Advanced level addsUniquely linked to and identifies the signatory, under their sole control, changes detectableUniquely linked to and identifies the creator, under its control with a high level of confidence, changes detectable
Qualified levelEquivalent to a handwritten signaturePresumption of integrity and correct origin
Typical usesContracts, consents, approvalsInvoices, certificates, statements, automated output

Where the term comes from

The electronic seal is a creature of EU law. Article 3 of the eIDAS Regulation defines it, alongside the creator of a seal, which must be a legal person, and three levels that mirror the signature levels: a simple electronic seal, an advanced electronic seal meeting the four requirements of Article 36, and a qualified electronic seal created by a qualified seal creation device and based on a qualified certificate for electronic seals issued by a qualified trust service provider. Article 35 says a seal cannot be denied legal effect merely because it is electronic, and gives a qualified seal a presumption of integrity and correctness of origin that is recognised in every member state.

Seal or signature

The question is who is acting. When a person agrees to terms, approves a decision or consents, that is a signature, and it should be the person's signature. When an organisation issues a document as itself, often automatically and in volume, such as a tax invoice run, a bank statement, a university transcript or a certificate, a seal fits better, because no individual is agreeing to anything and the reader mainly needs to know the file is genuine. Many organisations use both: staff sign contracts, and the systems that produce statements and invoices seal them.

How a seal is checked

Technically a seal works like an advanced or qualified digital signature: a hash of the document is signed with a private key, and the certificate attached names the organisation. A PDF reader verifies that the hash still matches, so any change after sealing is detectable, and checks whether the certificate chains to a trusted authority. In the EU the trusted lists published by member states show which providers can issue qualified certificates for seals. Outside the EU the word seal has no special legal meaning, and the same technology is usually just called an organisation or document signing certificate.

Common mistakes

Using a company seal certificate to stand in for a person's agreement to a contract. Assuming a seal from a provider that is not on an EU trusted list is qualified. Confusing an electronic seal with the common seal a company may use to execute documents under national company law, which is a different thing. And forgetting that certificates expire, so long term records need a timestamp or validation data that lets the seal be checked years later.

How this product's certification compares

The e-sign tool does not issue electronic seals and is not a qualified trust service. When an envelope completes, the PDF is certified with a signature from a platform certificate loaded from a P12 file, in the ISO 32000 CMS form, with DocMDP permissions set so the completed file cannot be edited or annotated without breaking the certification. That makes the file tamper evident, which is the integrity half of what a seal offers, but it identifies the service rather than your organisation, and it is not an advanced or qualified seal under eIDAS. RFC 3161 timestamping is built but switched off in the deployed configuration. If a regulation or a counterparty requires an eIDAS seal, use a qualified trust service provider for that document.

Questions people ask

Is an electronic seal legally binding?

A seal does not bind anyone to terms, because it is not an act of agreement. What it does is make the origin and integrity of a document hard to dispute. Under eIDAS a seal cannot be refused as evidence just for being electronic, and a qualified seal is presumed to show correct origin and an unchanged document.

Who can create an electronic seal?

Under eIDAS only a legal person can be the creator of a seal, such as a company, a public authority or an association. Individuals use electronic signatures instead. The organisation holds the seal creation data, often in a hardware security module, and its systems apply the seal to documents it issues.

Does an electronic seal replace a company stamp?

In much of the EU it plays that role for digital documents, proving that a file came from the organisation. It does not replace the execution rules in company law, such as who must sign a deed for a company, which still apply. Check the national rules for the document type before swapping one for the other.

How do I get a qualified electronic seal?

From a qualified trust service provider listed on an EU member state's trusted list. The provider verifies the organisation and the person authorised to act for it, issues a qualified certificate for electronic seals and supplies or supports a qualified seal creation device. Expect identity checks, a contract and an annual or multi year fee.

Do electronic seals mean anything outside the EU?

The term has legal weight mainly in EU law and in laws modelled on it. Elsewhere the same technology is usually called an organisation or document signing certificate, and its value as evidence depends on local electronic transactions law and on whether readers trust the issuing authority. Check the rules where the document will be relied on.

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Sources

Written and checked by the OneCraft team. Last checked .