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Question

What legal certainty is there when using non-qualified Trust Service Providers?

Answer

From a legal point of view, both qualified and non-qualified trust services benefit from a non-discrimination clause as evidence in courts. In other words, trust services cannot be discarded by the judge only on the grounds that they are in an electronic form.

However, because of the more stringent requirements applicable to Qualified Trust Service Providers, qualified trust services provide a stronger specific legal effect than non-qualified ones as well as a higher technical security. Qualified trust services, therefore, provide higher legal certainty and higher security of electronic transactions.

For more info, visit our eSignature dedicated FAQ page: https://ec.europa.eu/digital-building-blocks/wikis/x/j4BrBg