Electronic Signature Law and Legality in Italy

Italy has acknowledged the legal validity of electronic signatures since 2005, following the enactment of PbEG L 13. With the introduction of the eIDAS Regulation in 2016, electronic signature laws became standardized across all EU member states, including Italy, providing a consistent legal framework for digital transactions.

Electronic Signature Law in Italy

Under Italian law, contracts do not require handwritten signatures to be considered valid. Agreements made electronically, verbally, or in writing are legally binding as long as both parties provide consent.

However, in legal disputes, additional documentation or evidence may be required to demonstrate the authenticity of the agreement. Italy follows a tiered signature model, where Qualified Electronic Signatures (QES) are recognized as a distinct and highly secure form of electronic signature.

Italy’s Legal System: Civil Law with Common Law Elements

Italy primarily operates under a civil law system, rooted in Roman law, which emphasizes codified legal principles and minimizes reliance on case law or judicial precedent.

That said, certain areas such as corporate governance, banking, and constitutional matters exhibit characteristics of a common law framework. This hybrid model is comparable to those used in Germany, Austria, Belgium, and Finland.

What Are eIDAS Regulations?

As a member of the European Union, Italy adheres to the eIDAS Regulation (Regulation EU No. 910/2014), which took effect in 2016. eIDAS established unified standards for electronic identification and trust services, ensuring that electronic signatures are:

• Legally recognized across all EU countries
  
  
• Secure and verifiable
  
  
• Categorized based on the level of assurance provided
  

What Is a Qualified Electronic Signature (QES)?

A Qualified Electronic Signature (QES) is the most secure form of eSignature recognized by eIDAS and is equivalent to a handwritten signature in legal contexts. To be legally valid, a QES must:

• Be issued by a qualified trust service provider (QTSP)
  
  
• Satisfy the requirements of an advanced electronic signature (AdES)
  
  
• Be created using a qualified electronic signature creation device (QSCD)
  
  
• Include a qualified digital certificate
  

QES is typically required for regulated transactions, notarized documents, or public sector filings.

When Is a Standard Electronic Signature (SES) Sufficient?

A Standard Electronic Signature (SES) includes a typed name, uploaded image, or checkbox confirmation. It does not guarantee signer identity or integrity without additional evidence.

SES is acceptable for low- to medium-risk business agreements, such as:

• Employee onboarding forms
  
  
• Non-disclosure agreements (NDAs)
  
  
• Employment contracts
  
  
• Commercial sales agreements
  
  
• Software licensing
  
  
• Basic service agreements
  

Although an SES can be legally valid, it may need supplementary authentication if challenged in court.

Disclaimer

This content is provided for general informational purposes and does not constitute legal advice. Specific legal requirements may vary depending on the industry, transaction, or jurisdiction. Always consult with a licensed attorney for advice tailored to your needs. Blueink disclaims any liability for actions taken or not taken based on this content, to the fullest extent permitted by law.