Explainer · RegulatoryUpdated October 16, 2026

Electronic signatures in clinical trials: eIDAS vs 21 CFR Part 11

eIDAS is EU law that sorts electronic signatures into simple, advanced and qualified levels by legal weight. 21 CFR Part 11 subpart C is the FDA rule on what makes an electronic signature acceptable for records the FDA regulates. They answer different questions, and a trial can face both. This page lines them up. It is orientation, not legal advice.

  • Three eIDAS levels explained
  • Part 11 subpart C in plain terms
  • Honest on what Capture does and does not claim

Free sandbox · No credit card · 21 CFR Part 11 aligned

Two frameworks, two questions · simplified
Question it answerseIDAS (EU)21 CFR Part 11 subpart C (US)
What is it?EU regulation on electronic identification and trust servicesFDA regulation on electronic records and signatures
Main ideaSignature levels with different legal weightControls that make a signature trustworthy
Levels?Simple, advanced, qualifiedNo levels, one set of requirements
Handwritten equivalentQualified signature, by the regulationSignature is the legally binding equivalent if requirements are met
Not a mapping table: neither framework is a subset of the other

The short answer

  • They are different kinds of rule. eIDAS (Regulation (EU) No 910/2014, amended by Regulation (EU) 2024/1183) defines three levels of electronic signature and gives them different legal effect across the EU. 21 CFR Part 11 subpart C sets controls any electronic signature must meet before the FDA treats it as equivalent to handwriting for records under its rules.
  • eIDAS has levels, Part 11 does not. A simple, an advanced and a qualified electronic signature exist under eIDAS. Part 11 has one bar: unique to one person, identity verified, built from at least two distinct components (for ID-and-password signatures), and used only by its owner.
  • A qualified signature is not required by Part 11, and Part 11 controls are not required by eIDAS. A Part 11 signature is not automatically an eIDAS advanced or qualified one, and the reverse is also not automatic.
  • Clinical trial rules rarely name a level. ICH GCP and the EU Clinical Trials Regulation do not prescribe a technology for consent or sign-off. Ethics committees and national authorities decide what they accept, so ask before you build.
  • Capture is built around Part 11-style controls, not eIDAS levels. It makes no claim to issue advanced or qualified electronic signatures. If your committee insists on one, you need to confirm that before relying on Capture signatures alone.

EU

What eIDAS says about electronic signatures

eIDAS is Regulation (EU) No 910/2014 on electronic identification and trust services. It was amended by Regulation (EU) 2024/1183, which entered into force in May 2024 and added the European Digital Identity Wallet framework. Its signature provisions sit in a small number of articles, and the part that matters for trials is that it sorts electronic signatures into three tiers by how much evidence stands behind them.

Article 25 is the legal effect rule. An electronic signature cannot be denied legal effect or admissibility as evidence in court solely because it is electronic or because it is not a qualified signature. A qualified electronic signature has the equivalent legal effect of a handwritten signature. For simple and advanced signatures, the weight beyond that basic non-discrimination rule is left to national law, which is one reason two EU countries can treat the same click-to-sign flow differently.

Simple electronic signature

This is the base category: data in electronic form attached to or logically associated with other data, used by the signatory to sign. A typed name, a tick box with a name, a drawn signature on a screen and a signature confirmed by a one-time code all fall here as long as nothing more is claimed. The regulation does not set technical conditions beyond that definition, so the strength of a simple signature depends entirely on the surrounding evidence: who was logged in, how they were verified, what was shown to them, and what record exists.

Advanced electronic signature (AES)

Article 26 lists four requirements. The signature must be uniquely linked to the signatory, capable of identifying the signatory, created using data the signatory can use under their sole control with a high level of confidence, and linked to the signed data so that any later change to that data is detectable. In practice advanced signatures are usually delivered by a trust service provider using certificates or an equivalent mechanism, rather than by a form on a web page. The 2024 amendment did not change these four conditions.

Qualified electronic signature (QES)

A qualified signature is an advanced signature that is created by a qualified signature creation device and based on a qualified certificate issued by a qualified trust service provider. It is the only level that eIDAS itself gives handwritten-equivalent effect, across the EU. It is also the heaviest to deploy: the signer needs a qualified certificate and a compatible signing method, which is rarely practical for a participant signing a consent form at home.

Side by side

eIDAS levels and Part 11 subpart C at a glance

A simplified comparison for orientation. Read the regulation texts for exact wording.

AspecteIDAS simpleeIDAS advancedeIDAS qualified21 CFR Part 11 subpart C
SourceRegulation (EU) 910/2014Regulation (EU) 910/2014, Art. 26Regulation (EU) 910/2014, with qualified certificate and device21 CFR 11.100, 11.200, 11.300
Uniquely linked to the signerNot required by the definitionRequiredRequiredRequired: unique to one individual, never reused or reassigned (11.100(a))
Identity checkedNot set by the regulationSignature must identify the signatoryBacked by a qualified certificateOrganization verifies identity before establishing the signature (11.100(b))
Signer controlNot requiredSole control with a high level of confidenceQualified creation deviceTwo distinct components for ID-and-password signatures; use only by the owner (11.200(a))
Tamper evidenceNot requiredChanges to signed data detectableRequiredSignatures linked to their records so they cannot be excised or copied (11.70, in subpart B)
Legal weightNot denied solely for being electronicNot denied solely for being electronic; further weight is national lawEquivalent to handwritten, EU-wideAccepted as equivalent to handwritten when the requirements are met
Typical deliveryTyped or drawn name, code, click-to-signTrust service provider, certificate basedQualified trust service providerValidated system with managed accounts and audit trail

Check the current text of eIDAS (EUR-Lex consolidated version) and 21 CFR Part 11 (eCFR) before relying on any row.

US

What 21 CFR Part 11 subpart C requires

Part 11 covers electronic records and electronic signatures used to meet FDA record requirements. Subpart C is the electronic signature subpart. Its core idea is that a signature has to be tied to one person, verified, hard to misuse and protected by access controls, rather than graded by type.

Section 11.100 sets general requirements: each electronic signature must be unique to one individual and not reused by, or reassigned to, anyone else, and before an organization establishes or assigns a signature it must verify the identity of the person. Section 11.200 covers components and controls. A signature that is not based on biometrics must use at least two distinct identification components, such as an identification code and a password. During one continuous controlled session the first signing uses all components and later signings can use one component that only the owner can execute, while a signing outside such a session needs all components each time. Signatures must be used only by their genuine owners, and anyone else attempting to use one should need the collaboration of two or more people. Section 11.300 adds controls for identification codes and passwords: unique combinations, periodic checking and revision, and deauthorizing lost or compromised credentials and devices.

Two neighbouring parts of the rule belong in the picture even though they are not in subpart C. Subpart B (section 11.50) requires signed records to show the signer’s printed name, the date and time, and the meaning of the signature, such as review, approval or responsibility. Section 11.70 requires signatures to be linked to their records so they cannot be removed or copied to falsify another record. In 2024 the FDA finalised a Questions and Answers guidance on electronic systems, records and signatures in clinical investigations, which replaced its 2007 computerised systems guidance and speaks to these topics for trials. It is guidance, not binding, but it shows how the FDA reads the rule.

Where they meet

What this means for a trial that touches both

A trial with EU and US sites, or a US-sponsored study with EU participants, can easily be inside both frameworks. The useful way to think about it is that each one answers a different question for a different reader. Part 11 answers the FDA’s question: can we trust this signature on a record we regulate? eIDAS answers the question a court or a counterparty asks: does this electronic signature have legal effect, and how much?

For a consent form or an investigator sign-off in a trial, neither framework usually requires the top tier. ICH GCP asks that consent is documented by a signed and dated form, and leaves the technology open; the FDA and OHRP joint Q&A on electronic informed consent speaks of confirming the identity of the signer without prescribing a method. In the EU the Clinical Trials Regulation (see our EU CTR guide) sets consent requirements but not an eIDAS level. In practice the deciding voice is the ethics committee or national authority that approves your consent process, so the working rule is: put the proposed signing method in the submission and get it accepted in writing.

When a higher eIDAS level is realistic

Contract-style documents (a sponsor-site agreement, a data processing agreement, an investigator undertaking) are more likely to attract advanced or qualified signatures than a participant’s consent, because the signers already have business credentials and certificates. For participants the practical question is usually how strongly you can verify who they are, not whether they hold a certificate. Our note on remote identity verification for eConsent covers that side.

When Part 11 is the binding reference

Where the FDA is the audience, for an IND study or a study whose records will be inspected by the FDA, the Part 11 controls and the 2024 Q&A are the working reference, and the workflow on electronic signatures for clinical trials shows what those controls look like in a signing flow. Our 21 CFR Part 11 checklist goes through the controls item by item, and Annex 11 vs 21 CFR Part 11 compares the US rule with the EU’s computerised-systems annex.

Decision

Which signature standard do you actually need?

Work through the questions in order. The answer is a question to put to your regulators, not a verdict.

Will FDA inspect these records (IND, US sites, US submission)?

Treat Part 11 controls as mandatory: unique accounts, two components, identity verification, signature manifestation and record linking.

Are participants or sites in the EU?

Ask the ethics committee and national authority which electronic signature method they accept for consent and put it in the submission.

Does any country, ethics committee or document type require an advanced or qualified signature?

If yes, you need a trust service provider for that document or step. Do not assume a system signature will substitute.

Is the signature on a participant consent form?

Focus on identity assurance and tamper evidence: OTP or equivalent, a legal-meaning statement, and a signed record linked to the exact document version.

Is the signature on a contract or an agreement?

Use your legal team’s usual signing tool. Higher eIDAS levels are more realistic here than for participants.

Do you need to prove who signed years later?

Keep the audit trail, the signed PDF and the signing metadata together, and check your retention rules.

What Capture does

How Capture’s signing flow lines up, and where it does not

Capture’s eConsent signing flow is built around identity assurance and record integrity. A participant draws a signature on screen, confirms with a one-time code sent to their email, and acknowledges a legal-binding statement. An investigator or authorised site staff member countersigns after re-entering their password, with a stated meaning. Each signature is hashed to the exact document content at signing, and the signed PDF carries signature data, timestamps and the audit trail.

  • Closest to eIDAS simple, with strong supporting evidence. Capture does not issue advanced or qualified electronic signatures and makes no such claim.
  • Built to support Part 11-style controls: unique accounts, password re-authentication at countersignature, signature linked to the document, audit trail. Whether your deployment is Part 11 compliant depends on your own validated use.
  • If your ethics committee or a national authority requires an advanced or qualified signature, confirm that first. Capture signatures alone may not satisfy it.
How the signature workflow works
Electronic signature

Meaning of signature

I have reviewed this adverse event and confirm the assessment of seriousness, severity and causality.

Signer

Dr. A. Ozola, PI

Password

••••••••••

Verified on the serverAutofill blockedSingle-use token
Sign

See the signing flow before you take it to your ethics committee

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Getting it accepted

A practical route to an accepted signature method

  1. 1

    Name the document types

    List what gets signed: participant consent, assent, investigator sign-off on CRFs, delegation logs, contracts. Each can need a different method.

  2. 2

    Identify the audiences

    Which regulator inspects (FDA, EU national authorities) and which ethics committees approve. Note any country or committee that has stated a preference.

  3. 3

    Describe the method in the submission

    State how the signer is identified, how the signature is bound to the document and what record is kept. Quote the controls, not just the word "compliant".

  4. 4

    Test the flow end to end

    Run a mock consent with a colleague as participant and another as countersigner. Export the result and read it as an inspector would.

  5. 5

    Document your validated use

    Write down user management, role assignment and who may sign what. The software supplies controls; your procedures supply the rest.

  6. 6

    Re-check when rules move

    eIDAS was amended in 2024 and FDA guidance changed in 2024. Re-read the current texts before each new study.

Honest fit

When Capture is, and is not, the right tool for this

Participant consent and investigator countersignature with strong audit evidence

Capture is a good fit: OTP-verified participant signature, password-authenticated countersignature, hashing to the signed document, exportable PDF with audit trail.

Part 11-style controls on eCRF sign-off

Capture is a good fit as a source of the controls: role-based access, field-level audit trail, signed records. Your validation and procedures complete the picture.

A qualified electronic signature for a participant or for a regulator filing

Capture is not the right tool on its own. Use a qualified trust service provider for that step.

Contract signing, such as site agreements

Not what Capture is for. Use your normal contract signing tool.

A legal opinion on which signature level your trial needs

Capture cannot give one. Ask your regulatory counsel and your ethics committee.

FAQ

Questions teams ask before they switch

Something not covered here? Ask us directly.

What is the difference between eIDAS and 21 CFR Part 11 for electronic signatures?

eIDAS is EU law that defines simple, advanced and qualified electronic signatures and gives them different legal effect. 21 CFR Part 11 subpart C is FDA rule that sets controls an electronic signature must meet to be treated as equivalent to handwriting for FDA-regulated records. One grades signatures by level; the other sets a single set of requirements.

Do I need a qualified electronic signature for informed consent?

Usually the regulations do not name a level for consent. ICH GCP and the EU Clinical Trials Regulation leave the technology open, so ethics committees and national authorities decide. Some may expect more than a click-to-sign flow, so put your proposed method in the submission and get it accepted.

Is a Part 11 compliant signature also an eIDAS advanced signature?

Not automatically. Part 11 requires unique, verified, controlled signatures, but it does not require a trust service provider or certificate. An eIDAS advanced signature has its own four conditions, including sole control and tamper detection. A signature may meet one set without meeting the other.

What does 21 CFR 11.200 require for electronic signatures?

At least two distinct identification components for non-biometric signatures, such as an ID code and a password, with all components used when signing outside a continuous controlled session. Signatures must be used only by their genuine owners and designed so that misuse needs two or more people to collude. Check the current text on eCFR.

Does eIDAS apply to US sponsors running trials in the EU?

eIDAS applies to electronic signatures and trust services within the EU, so it can matter for EU-based participants, sites and contracts regardless of sponsor location. Whether it constrains your consent process in practice depends on the national authority and ethics committee that approve it.

Does Capture provide qualified or advanced electronic signatures?

No. Capture does not claim to issue advanced or qualified electronic signatures under eIDAS. Its signing flow uses an on-screen signature, email OTP confirmation, password-authenticated countersignature and hashing to the signed document. If your committee requires a higher level, confirm that before relying on Capture signatures alone.

Is Capture 21 CFR Part 11 compliant?

Capture provides Part 11-aligned controls: field-level audit trail, role-based access, electronic signatures with re-authentication and signature-to-document hashing. Compliance depends on how a sponsor validates and uses the system, so treat the software as supplying controls, not a certificate.

Is this page legal advice?

No. It is a plain-language orientation. Regulations and guidance change, so check the current text of eIDAS, 21 CFR Part 11 and the FDA Q&A guidance, and ask your regulatory counsel and ethics committee about your specific trial.

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