Electronic Signature Law and Legality in Switzerland

Electronic signatures have been legally recognized in Switzerland since December 19, 2003, following the enactment of the Federal Law on Electronic Signatures (ZertES).

Under Swiss contract law, a written signature is not required to validate an agreement. A contract is legally binding when two or more parties mutually agree—whether verbally, electronically, or in writing.

Can You Use eSignatures for Business in Switzerland?

Yes. You can legally use electronic signatures for most business transactions in Switzerland. They are:

• Enforceable in court
  
  
• Recognized under Swiss and international standards
  
  
• Commonly used in B2B and B2C operations
  

However, some exceptions apply (see below).

Legal Framework: ZertES vs. eIDAS

While Switzerland is not an EU member, ZertES closely mirrors the eIDAS Regulation used in the European Union. ZertES regulates:

• The use of electronic signatures
  
  
• The responsibilities of certification service providers
  
  
• The legal weight of different signature types
  

ZertES supports a tiered model with three recognized types of eSignatures:

• Standard Electronic Signature (SES)
  
  
• Advanced Electronic Signature (AES)
  
  
• Qualified Electronic Signature (QES)
  

1. Standard Electronic Signatures (SES)

A Standard Electronic Signature is defined as electronic data used to verify the authenticity of other data. While it has minimal legal assurance, it is widely accepted for:

• HR documents (contracts, NDAs, privacy notices)
  
  
• Consumer transactions (invoices, order confirmations)
  
  
• Software license agreements
  
  
• Commercial agreements (except loans)
  
  
• IP licenses (patents, trademarks, copyrights)
  

To comply, SES should follow international signature standards like XAdES, PAdES, or CAdES.

2. Advanced Electronic Signatures (AES)

Advanced Electronic Signatures are more secure and legally robust. To qualify as AES under ZertES, the signature must:

• Be uniquely linked to the signer
  
  
• Allow signer identification
  
  
• Be under the sole control of the signer
  
  
• Be tamper-evident to any document changes
  

A common method to meet these conditions is to use PKI-based digital signatures tied to a certificate issued by a trusted Certificate Authority (CA).

3. Qualified Electronic Signatures (QES)

A Qualified Electronic Signature offers the highest legal assurance and is equivalent to a handwritten signature in Swiss courts. It must be:

• Issued by a qualified certification provider
  
  
• Created using a secure signature creation device
  
  
• Linked to a qualified digital certificate
  

Each QES must include:

• Serial number and validity period
  
  
• Signer’s name or pseudonym
  
  
• Signature verification data
  
  
• Certification provider details
  
  
• Proof of accreditation under ZertES
  

For legally sensitive documents, QES provides maximum enforceability and compliance.

When Are eSignatures Not Accepted in Switzerland?

The following documents must be signed by hand and often require a notary process:

• Real estate transfer contracts and deeds
  
  
• Inheritance agreements
  
  
• Surety agreements with natural persons
  
  
• Articles of incorporation (AG/GmbH)
  
  
• Last wills and testaments
  

To avoid legal issues, these should not be signed electronically unless explicitly allowed.

Disclaimer

The content provided on this page is for general informational purposes only and does not constitute legal advice. Legal interpretations may vary depending on specific circumstances and jurisdiction. For tailored legal guidance, please consult a qualified attorney. Blueink disclaims any liability for actions taken or not taken based on this content, to the fullest extent permitted by law.

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