The Netherlands

Overview

As a member of the European Union, the Netherlands complies with the Electronic Identification, Authentication, and Trust Services (eIDAS) regulation. eIDAS establishes a consistent legal framework for electronic signatures, seals, and identification across the EU. 

In addition to eIDAS, the Dutch Civil Code and specific national legislation govern the application and recognition of eSignatures. Under this framework, electronic signatures are legally binding as long as they meet the eIDAS standards for the required level of assurance for a given use case. 

The Netherlands strongly supports digital transformation and the use of electronic signatures in both public and private sectors, fostering trust and efficiency in electronic transactions. 

Under the Dutch Civil Code (DCC), only a limited number of agreements require a "written agreement" or specific deviations from standard provisions. For agreements that must be in writing, Article 6:227 DCC allows electronic documents to fulfill this requirement if the following criteria are met: 

• The document is accessible to all parties involved. 

• The authenticity of the agreement is adequately ensured. 

• The time of the agreement's conclusion can be reliably determined. 

• The identity of the parties can be verified with sufficient certainty. 

Dutch contract law generally does not require written agreements to be signed; consent alone is often sufficient to form a valid contract. However, when a signature is necessary or preferred, an electronic signature can fulfill this requirement, provided it complies with applicable legal standards.

The eIDAS regulation defines three types of electronic signatures:

Simple or Standard Electronic Signature (SES)
This type of signature is generally defined as data in electronic form which is attached or logically associated with other data in electronic form, and which is used by a signatory to sign. It is an electronic form of a signature that a signer applies to a document as evidence of their intent to sign.

Advanced Electronic Signature (AES)
An Advanced Electronic Signature is a Standard Electronic Signature that meets the following requirements:

• It is uniquely linked to the signer. 
• It is capable of identifying the signer. 
• It is produced using electronic signature creation data that the signatory can, with a high level of confidence, use under their sole control. 
• It is linked to the signed data in such a way that any subsequent change in the data is detectable.  

Qualified Electronic Signature (QES)
A Qualified Electronic Signature is an Advanced Electronic Signature that’s created by a qualified electronic signature creation device and is based on a qualified certificate for electronic signatures.

What are some examples of eSignature use cases?

Electronic signatures are commonly used in the Netherlands across various sectors, including: 

• Finance: Loan agreements, Investment contracts, Insurance policy applications, Tax declarations
• Human Resources: Employment contracts, Non-disclosure agreements (NDAs), Employee onboarding forms, Performance reviews
• Sales: Service agreements, Order confirmations, Quotes and proposals, Subscription renewals
• Real Estate: Lease agreements, Purchase contracts, Real estate appraisals, Agency agreements
• Legal: Engagement letters, Client agreements, Compliance documentation, Power of attorney forms 

Although electronic signatures are widely accepted, there are specific exceptions in the Netherlands where handwritten or notarized signatures may still be required, including: 

• Certain family law documents, such as wills and marriage contracts.
• Transactions involving real estate where notarization is mandated.
• Court-related documents in some cases. 

It is advisable to consult legal professionals to ensure compliance in these situations. 

1. Electronic Identification, Authentication and Trust Services (eIDAS): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2014.257.01.0073.01.ENG
2. "Using an electronic signature" (Dutch Government): https://business.gov.nl/regulation/electronic-signature/
3. Electronic Signatures Act, section 3:15a of the Dutch Civil Code (in Dutch): https://wetten.overheid.nl/BWBR0015046/2003-05-21
   

DISCLAIMER: This information provides general knowledge on the legal framework for electronic signatures. It should not be taken as a substitute for qualified legal counsel. As regulations constantly evolve, Nitro cannot guarantee that this information is up to date. For further advice, seek out the expertise of a qualified lawyer.