We have a few follow-up questions regarding the use of Qualified Electronic Signatures (QES), which — as far as we understand — are also part of the Docusign offering. We are particularly interested in using this functionality within our HR department.

Under German law, there are specific formal requirements. For example, fixed-term employment contracts generally require the written form (a "wet ink" signature) to be legally valid. However, the legislator now allows this written form to be replaced by a Qualified Electronic Signature (only!), which makes QES highly relevant for us.

We have reviewed the available documentation on QES provided by Docusign, but we are still unclear on how the process works in practice.

We understand that QES differs from a simple electronic signature in that the signatory must be formally identified — typically using an official ID document.

Here are our specific questions:

1.      Which types of ID documents are accepted for QES identity verification?

2.      In Germany, the national ID card (Personalausweis) can be activated for online identification. Is QES only possible if the signatory has such an activated ID card?

3.      What is the technical process for signing? Is a card reader required, or can the process be completed via an app (e.g., using an iPhone with NFC)?

4.      Is VideoIdent also a valid method for identity verification in the QES process?

5.      Are other documents, such as the German passport, also accepted?

6.      Our CEO is based in the U.S. and holds a U.S. passport and driver’s license. How can his identity be verified in a legally compliant way so that he can sign a fixed-term employment contract under German law?

7.      Our works council is also interested in signing works agreements digitally. These also require the written form under German law, but QES is now permitted as an alternative. Would the council members need to be equipped with a card reader and a German ID card with the online function enabled?

8.      We understand that mixed signature methods (e.g., one party signs via QES, the other with wet ink) are not permitted. Is it correct that both parties must sign the same document using QES, and that their identities must be logged in the digital certificate for the contract to be legally valid?

Finally, could you confirm whether the QES solution is legally compliant and suitable for the following use cases in Germany:

·         (a) Signing fixed-term employment contracts

·         (b) Signing works agreements with the works council

Thank you very much in advance for your support.