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) 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

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?

Updated on: 09/02/2026