Recital 63

(63) The legal effect of an electronic signature is not to be challenged on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic signature. However, it is for national law to establish the legal effect of electronic signatures, except for the requirements provided for in this Regulation according to which the legal effect of a qualified electronic signature is to be considered to be equivalent to that of a handwritten signature. In determining the legal effects of electronic signatures, Member States should take into account the principle of proportionality between the legal value of a document to be signed and the level of security and cost that an electronic signature requires. To increase the accessibility and use of electronic signatures, Member States are encouraged to consider the use of advanced electronic signatures in the day-to-day transactions for which they provide a sufficient level of security and confidence.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-10 · Text as adopted (Official Journal); later amendments are not incorporated in this text.