Are electronic signatures legal in the Netherlands?

Article 3:15a: reliability decides

Article 3:15a BW puts all three eIDAS levels in one sentence. A qualified electronic signature (eIDAS art. 3(12)) has the same legal effect as a handwritten signature. An advanced electronic signature (art. 3(11)) and any other electronic signature (art. 3(10)) have that same effect if the signing method used is sufficiently reliable, given the purpose for which the signature was used and all other circumstances of the case.

So in the Netherlands the question for a simple e-signature isn't whether it's allowed but whether the process was reliable enough for what was signed. A quote for a garden renovation needs less than a large loan. Article 3:15c extends the same rule outside property law, unless the nature of the act or relationship stands in the way.

Contracts that must be in writing

Some Dutch contracts are valid only in writing. Article 6:227a BW says that requirement is also met when the contract is concluded electronically and:

1. the parties can consult it;
2. its authenticity is sufficiently guaranteed;
3. the moment it was concluded can be established with enough certainty; and
4. the identity of the parties can be established with enough certainty.

That rule doesn't apply to contracts the law says need the involvement of a court, a public authority or a professional with a public task, such as a notary (art. 6:227a(2)).

What still goes through a notary

• Transferring real estate takes a notarial deed between the parties, recorded in the public registers (art. 3:89 BW).
• Wills can be made only by notarial deed or by a private document handed to a notary for safekeeping, with limited exceptions (art. 4:94 BW).

Where SignMaster fits

SignMaster provides simple electronic signatures, so under article 3:15a its value rests on the reliability of the process. Each signer opens a personal email link, can be asked for an access code, agrees to sign electronically and then signs; the certificate of completion records their email, IP address and every timestamp, and a SHA-256 fingerprint shows whether the PDF changed. That record also covers the consultation, timing and identity points in article 6:227a. It doesn't create qualified signatures.