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# FES or QES? The difference and when to use which signature

The **simple electronic signature (FES)** and the **qualified electronic signature (QES)** are two different legal categories of e-signature. FES is sufficient for most everyday contracts — QES is mandatory whenever the law requires a handwritten signature. This article explains the difference and helps you make the right choice.

## Your benefit

If you choose the right type of signature, you save time **and** litigation. Anyone who uses FES where QES would be required risks an invalid contract. Anyone who uses QES where FES is sufficient puts their counterparties through an identity check — and slows down the business for no gain.

This article gives you the decision aid for day-to-day use. For **cases of doubt involving particularly important contracts**, consult your legal department.

## The short formula

* **FES** = fast, without an identity check — for **most contracts** (customer contracts, NDAs, order confirmations, internal approvals).
* **QES** = with an identity check, legally equivalent to a handwritten signature — for **contracts where the law requires written form** (e.g. residential tenancy agreements with a term of more than one year, consumer loans).
* **Handwritten signature mandatory** — in certain special cases (e.g. terminating an employment relationship under § 623 BGB) — here **no** electronic signature will do.

## What is the FES?

The **simple electronic signature** (fortgeschrittene elektronische Signatur / Advanced Electronic Signature, governed by the [eIDAS Regulation](https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=celex:32014R0910)) is the standard option for signing digitally. In ContractHero it works as follows:

1. You start the signature process and select the signatories.
2. They receive an **email link** and sign in the browser — no account, no app.
3. ContractHero logs the signature together with a timestamp, the IP address and a checksum of the document.

**Characteristics:**

* **No identity check** of the signatories.
* **Fast** — often only a few minutes from sending to signature.
* **Legally permissible** wherever the law requires **text form** (*Textform*, § 126b BGB, German Civil Code) or no particular form at all — which applies to the vast majority of everyday contracts.
* **Reversible in the law of evidence** — in a dispute, a QES can be enforced more easily than an FES.

## What is the QES?

The **qualified electronic signature** is legally **equivalent to a handwritten signature** (Article 25(2) eIDAS + § 126a BGB). Two additional elements are needed for it to have that status:

* **Qualified identity verification** of the signatories — typically by video ident or eID.
* A **qualified certificate** from a trust service provider, which binds the signature cryptographically.

In ContractHero the process runs much as it does for the FES, with additional steps:

1. You start the request, switch on the **QES** toggle and select the signatories.
2. They receive an email link and are **identified once by video or eID**.
3. They then sign in the browser — the signature is generated in cryptographically qualified form.
4. Where there are several signatories, the **order is mandatory**.

**Characteristics:**

* **Identity check mandatory** — takes a few minutes per person, depending on the procedure.
* **Evidential value as with a handwritten signature** — the most robust procedure in a court dispute.
* **A legal requirement** for contracts where the law demands **written form** (*Schriftform*, § 126 BGB).

## Direct comparison

| Criterion | FES | QES |
| ---- |
| **Identity check** | No | Yes (video ident / eID) |
| **Legal evidential value** | Text form / agreed form | Equivalent to a handwritten signature |
| **Order of signatories** | Optional | Mandatory, one after another |
| **Time per signature** | A few seconds | A few minutes (identity check) |
| **Effort for signatories** | Email link → signature | Email link → identity procedure → signature |
| **Annual volume (ContractHero)** | Separate quota | Separate quota |
| **Cost** | Lower | Higher (identity procedure) |
| **Legal basis** | eIDAS Art. 26 / § 126b BGB | eIDAS Art. 25 / § 126a BGB |

## When to use which — use cases

### Clear cases for FES

* **Customer contracts in commercial dealings** (B2B sales contracts, service contracts, order confirmations)
* **Non-disclosure agreements (NDAs)** in the vast majority of cases
* **Quotations and orders** in normal commercial dealings
* **Framework agreements and renewals** (where no special formal requirement applies)
* **Internal authorisations and approvals** (e.g. travel expenses, purchases)
* **Confirmations of terms and conditions, and data protection consents**
* **Amendments to existing contracts**, provided the original contract does not prescribe a stricter form

**Rule of thumb:** if you would handle the contract in day-to-day business without a notary and without a paper original, **FES** is generally sufficient.

### Clear cases for QES

* **Residential tenancy agreements with a term of more than one year** — written form under § 550 BGB; otherwise the contract is deemed to have been concluded for an indefinite period.
* **Consumer loans** (§ 492 BGB) — written form is prescribed.
* **Guarantees** — written form as a matter of principle (§ 766 BGB), with the exception of commercial transactions.
* **Fixed-term employment contracts** (§ 14(4) TzBfG, German Part-Time and Fixed-Term Employment Act) — the fixed-term agreement must be in writing.
* **Commercial agency agreement with a non-compete clause** (§ 90a HGB, German Commercial Code).
* **Declaration of commitment under § 68(2) AufenthG** (German Residence Act — letter of invitation and declaration of commitment).

**Rule of thumb:** as soon as a legal provision requires **"written form"**, or you are submitting the document in an official context (public authority, court), the **QES** is the one to use.

### Cases where no e-signature is sufficient

For these contracts you have to sign **by hand** — even a QES is not enough:

* **Terminating an employment relationship** (§ 623 BGB — handwritten signature only, neither FES nor QES)
* **Notarised deeds** (e.g. property purchase agreements, § 311b BGB — a notary is mandatory)
* **Contracts of inheritance and wills**
* **Prenuptial agreements**

If in doubt: **ask your legal department** before setting up an e-signature.

## Frequently asked questions

**How do I know which signature my contract needs?**
Rule of thumb: if your particular type of contract has a "written form" rule in law (e.g. § 623 BGB on terminating an employment contract, § 550 BGB on tenancy agreements of ≥ 1 year), you need at least a **QES**. For everything else, **FES** is generally sufficient. For particularly important contracts: ask your legal department.

**Is an FES effective in court?**
Yes. An FES is legally permissible and can serve as evidence. However, it has **weaker evidential value** than a QES — in a dispute, proof may have to be established after the fact (e.g. via IP logs, timestamps, witnesses). If you are already factoring in a dispute in a sensitive case, the **QES** is the better choice.

**Doesn't QES slow down the business process?**
Yes, a little — the identity check typically takes 3–10 minutes per signatory. For many contracts that is not worth it. Use QES specifically where it is **legally necessary or strategically sensible**.

**Do I have to decide for every contract?**
You decide **per request**. In the ContractHero signature request you switch the **QES** toggle on or off. No contract is automatically fixed to FES or QES.

**What happens if I make the wrong choice?**
FES instead of QES (in a written-form case): the contract may be legally **invalid** or subject to being unwound. QES instead of FES: you simply have a slower process, with no legal disadvantage.

**Are FES and QES recognised internationally?**
Within the **EU**, yes — both are governed by eIDAS and mutually recognised. Outside the EU (USA, UK, Switzerland) different rules apply. For international contracts with non-EU counterparties, clarify this in advance.

**Do FES and QES count separately towards my annual volume?**
Yes. FES and QES signatures run on **separate annual quotas**. For details, see the two articles on the annual volume (Related articles below).

**Can I switch from FES to QES mid-request?**
No. You start the process either as FES **or** as QES. If you have made a mistake: cancel the running process and start again. For details, see Requesting an electronic signature.

**What about signatories abroad — which ID do they need?**
For the QES identity check, a valid passport or identity card from an eIDAS-recognised country is generally sufficient. In cases of doubt we clarify this with the signature provider — get in touch with us before sending the request.

## Good to know

* **QES = an investment of time, FES = everyday business.** If you are unsure which you need, ask yourself: "Would I have this contract notarised, or sign it by hand if it were on paper?" — if so, the answer tends towards QES.
* **A consistent set-up across the team.** Define internal rules on which type of contract gets which signature — this saves follow-up questions and creates legal certainty in day-to-day work.
* **No legal advice from Support.** We help you with the set-up and with operating the product. For specific legal questions about an individual contract, your legal department or an external lawyer is the right person to ask.
* **Handwritten signatures remain unavoidable only rarely.** For terminating employment contracts and for notarised deeds you still need paper — nothing changes legally here.
* **Volume planning.** FES and QES run on separate quotas. If you use a lot of QES, keep an eye on your annual volume — for details, see the FES and QES annual volume articles.

## Not sure which signature suits your type of contract?

Your customer success manager can give you an initial assessment based on your contract landscape — your legal department is responsible for the final legal review. Get in touch with us via the web chat, by email at support@contracthero.com.

## Related articles

* Requesting an electronic signature: FES & QES via email link
* Signing with QES – the recipient's side step by step
* FES signatures: how does the annual volume work?
* QES signatures: how does the annual volume work?