Electronic Signature Law and Legality in Austria

Austria has officially recognized electronic signatures since 1999 with the introduction of the Federal Signature Law. This laid the groundwork for digital signing in the country, which was further aligned with the European Union’s eIDAS Regulation in 2016.

Under Austrian law, electronic signatures are valid for most contracts and can carry the same legal effect as handwritten signatures, depending on the level of authentication used.

Austria’s Legal System: A Civil Law Foundation

Austria is primarily a Civil Law country, though it incorporates some Common Law traits, particularly in banking, taxation, and constitutional matters.

When it comes to property, contracts, criminal law, and family law, Austria relies on codified laws rather than legal precedent. Civil law systems:

• Originate from Roman law
  
  
• Focus on written legal codes updated by legislative bodies
  
  
• Emphasize flexibility while ensuring statutory compliance
  
  
• Are used in over 60% of countries worldwide, including France, Germany, Poland, and Belgium
  

Technology Standards and Signature Tiers in Austria

Contracts in Austria are legally valid without handwritten signatures as long as two capable parties agree. However, in specific cases, additional verification may be required, especially in regulated sectors.

Austria adopts the European Telecommunications Standards Institute (ETSI) standards to define and validate electronic signature levels under eIDAS.

1. Standard Electronic Signature (SES)

• Basic signature such as a typed or drawn name
  
  
• Suitable for low-risk documents (e.g., internal HR forms)
  

2. Advanced Electronic Signature (AdES)

• Uniquely linked to the signer
  
  
• Capable of identifying the signer and detecting changes
  
  
• Accepted in Austria under ETSI guidelines as a valid alternative to QES in certain use cases
  
  

3. Qualified Electronic Signature (QES)

• Offers the highest level of legal assurance
  
  
• Requires a qualified digital certificate issued by a Trust Service Provider (TSP)
  
  
• Legally equivalent to a handwritten signature in all EU member states
  
  

When Is a Handwritten Signature Still Necessary?

In Austria, handwritten signatures are only required in limited legal scenarios, such as:

• Certain notarized documents
  
  
• Specific real estate transactions
  
  
• Some court-related filings
  
  

In many of these cases, a QES may be accepted as a substitute if it complies with Austrian and EU standards.

Disclaimer

This content is intended for general informational purposes and should not be interpreted as legal advice. Legal requirements may differ depending on your industry or use case. For advice specific to your situation, consult a licensed legal professional. Blueink disclaims all liability for actions taken or not taken based on this content, to the fullest extent permitted by law.

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