Electronic signatures have become an indispensable tool for modern business, offering efficiency and speed that traditional paper-based processes simply cannot match. As a member of the European Union, Austria’s legal framework for electronic signatures is primarily governed by a comprehensive EU-wide regulation, supplemented by national law. This article provides an overview of the legal landscape for electronic signatures in Austria, detailing the legal basis, the different types of signatures, use cases, restrictions, and notable recent and upcoming legal changes.
The Legal Validity of Electronic Signatures
In Austria, electronic signatures are widely recognized as legally valid and are admissible as evidence in legal proceedings. At a fundamental level, an electronic signature cannot be denied legal effect and admissibility simply because it is in electronic form (the principle of non-discrimination. For most commercial agreements where the law does not explicitly require a specific form, a contract is generally valid if legally competent parties reach an agreement, regardless of whether it is verbal, electronic, or paper-based. However, where a formal “written form” is required by law, only the highest level of electronic signature is considered legally equivalent to a handwritten signature.
The Core Legal Framework
The legal foundation for electronic signatures in Austria is two-fold:
1. The eIDAS Regulation (Regulation (EU) No 910/2014): This is the overarching European Union regulation on electronic identification and trust services for electronic transactions in the internal market. It is directly applicable in all EU member states, including Austria, since July 1, 2016. eIDAS establishes a single, predictable legal framework across the EU, ensuring mutual recognition of electronic signatures and other trust services.
2. The Austrian Signature and Trust Services Act (Signatur- und Vertrauensdienstegesetz – SVG): This national law implements and supplements the eIDAS Regulation in Austria, providing specific national regulations and outlining the conditions under which electronic signatures are considered legally binding within the country. It also specifies the requirements for Qualified Certificates and Trust Service Providers.
The Three Tiers of Electronic Signatures
The eIDAS Regulation defines three distinct types of electronic signatures, categorized by their level of security, identity verification, and legal weight:
| Signature Type | Abbreviation | Security Level | Legal Effect and Use |
| Simple Electronic Signature | SES | Low | Admissible as evidence in court (non-discrimination principle). Suitable for low-risk transactions where no particular legal form is required (e.g., clicking “I agree,” scanned signature, typed name). |
| Advanced Electronic Signature | AES | Medium | Uniquely linked to the signatory, capable of identifying the signatory, and created using data under the signatory’s sole control. It is linked to the data to detect subsequent changes. Suitable for most commercial and consumer agreements; provides a higher level of confidence than SES. |
| Qualified Electronic Signature | QES | High | An AES that is created by a Qualified Signature Creation Device (QSCD) and is based on a Qualified Certificate issued by an accredited Qualified Trust Service Provider (QTSP). The QES is legally equivalent to a handwritten signature (wet-ink signature) throughout the EU and is required where the law specifically mandates “written form”. |
Documents Suitable for Electronic Signature
In Austria, any document for which the law does not explicitly require a special form, such as a handwritten signature, notarial deed, or in-person witnessing, can be legally signed using an electronic signature, with the appropriate level of signature generally depending on the risk and evidence requirement.
1. Documents Generally Suitable for Simple (SES) or Advanced (AES) Electronic Signatures:
- • Commercial Agreements: Non-disclosure agreements (NDAs), purchase orders, sales agreements, distribution agreements, service agreements, and general commercial contracts between corporate entities.
- • HR and Internal Documents: Internal correspondences, policies, and low-risk human resources documents.
- • Consumer Contracts: General consumer agreements, software licenses, and terms of service (excluding certain high-risk financial or family law contracts.
2. Documents Generally Requiring a Qualified Electronic Signature (QES):
QES is necessary for any document where Austrian law mandates the “written form” (Schriftform) to achieve the same legal effect as a wet-ink signature. Examples include:
- • Certain Financial/Corporate Documents: Entry and cancellation of license rights and liens (QES is equated to a wet-ink signature in such cases).
- • Employment-Related Documents: Employment agreements with apprentices and agreements on the ownership of employee inventions.
- • Guarantees: Stand-alone promises to fulfil a third party’s obligation (declaration of guarantee) if made by persons outside of their commercial, professional, or business activity.
Documents That Cannot Be Signed Electronically
Despite the broad legality of e-signatures, Austrian law maintains specific form requirements for certain documents and legal transactions, explicitly barring the use of an electronic signature, even a QES, or mandating a process (like a notarial deed) that traditionally requires a different, usually in-person, procedure.
Documents Excluded from Electronic Signature (Requiring a Wet-Ink Signature or Special Formal Process):
A. Family and Inheritance Law
- • Last Wills and inheritance documents, which often require in-person witnessing and handwritten signatures.
- • Marriage and prenuptial agreements.
- • Contracts between spouses regarding property allocation, sale, exchange, or loans.
B. Real Estate and Land Register:
- • Formal transactions requiring notarial certification for entry into the Land Register (Grundbuch). This is a special form requirement that generally cannot be replaced by a QES and is required for full validity of:
- • Transfers, leases, mortgages, and easements that need to be registered with the Land Register.
- • Legal transactions or petitions to be entered in the Land Register generally require a formal notarization process.
C. Notarial Deeds and Certification:
- • Any document that requires Official Certification, Judicial Authentication, or a Notarial Deed (Notariatsakt) cannot typically be signed only with an electronic signature, as these processes require the involvement of a notary to verify identity and intent.
- • This includes the formal notarization of the Articles of Incorporation of a company with limited liability (GmbH) and the assignment of shares in a GmbH.
A Note on Notarization
It is important to distinguish. While a standard QES may not replace the act of notarization, Austrian law has introduced the concept of digital notarial deeds and digital certification since early 2021. This allows for documents to be signed and certified electronically through a notary via distance communication (e.g., video conference and Web-ID procedure), which fulfils the notarial form requirements and avoids the need for wet-ink signatures and apostilles in certain cases. However, a QES alone without this special notarial process is generally not sufficient for documents requiring a public or notarial deed.
Notable Changes in Law (Focusing on 2024-2025)
The electronic signature landscape is continuously evolving, driven by legislative updates both at the EU and national levels.
A. The eIDAS 2.0 Regulation (EU Level)
The updated eIDAS 2.0 Regulation (Regulation (EU) 2024/1183) came into force on May 20, 2024, and is set to be implemented in stages. While building on the original framework, the key innovation is the introduction of the European Digital Identity Wallet (EUDI Wallet). This digital wallet aims to provide EU citizens with a secure way to identify themselves online and offline and manage digital evidence. The new regulation also includes stricter security and data protection requirements and strengthens the legal standing of the Qualified Electronic Signature (QES) and other trust services, further enhancing cross-border recognition and security in digital transactions.
B. Increased Digitalization in National Labour Law (2025)
Austria is undergoing a notable wave of digitalization, particularly in labour law, aimed at reducing bureaucracy. Key changes for 2025 include:
I. Digital Employment Contracts (from January 1, 2025): Many employment contracts, which previously required a wet-ink signature (written form), can now be concluded electronically. This includes a broad range of digital means (digital signature, simple text form like email/PDF) for most contracts, with exceptions for certain sectors and documents like notices of termination or cancellation agreements, which still require the strict written form.
II. Text Form for Working Conditions: Employers are now allowed to provide proof of essential contract terms in text form (e.g., email or a digitally accessible PDF), where previously the written form was often mandated. The text form is sufficient for most updates and changes to existing employment relationships.
III. Digital Applications and References (from May 2025): Applications for parental leave or carer’s leave can be submitted in text form (e.g., an email). Furthermore, digital job references can be issued with a QES, provided the employee consents.
These national changes signify a clear move towards accepting less formal means of electronic communication and signing for a wide range of administrative and contractual tasks, though the highest level of formality (QES or notarial act) remains crucial for high-stakes documents and those related to core legal requirements.
Conclusion
Austria has successfully integrated electronic signatures into its legal system, largely thanks to the eIDAS Regulation and its national implementing law, the SVG. The three-tiered system, Simple, Advanced, and Qualified Electronic Signatures, provides a clear hierarchy of legal effect, with the Qualified Electronic Signature (QES) serving as the true digital equivalent of a handwritten signature. While most day-to-day business transactions can be executed with an electronic signature, critical areas like family law, inheritance, and real estate transactions requiring public registration remain subject to stringent form requirements that generally necessitate a formal notarization process or a wet-ink signature. For businesses, understanding the appropriate signature level for each document is essential to ensure legal compliance and enforceability in the digital age. The current trends, including eIDAS 2.0 and changes to labour law in 2025, signal an ongoing commitment to a more digital and less paper-reliant economy.
Disclaimer
The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing the subject matter may change quickly, so Flowmono cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a legal practitioner in your area.
References
- Juro. Electronic signature laws and validity in Austria.
- DocuSign. Austria eSignature Legality Summary.
- Dropbox Sign. Overview of eSignature Legality in Austria.
- CMS Law Firm. E-signatures in real estate documents in Austria | CMS Guide.
- Rexx Systems. What labour law changes will 2025 bring for HR teams?.
- Adobe Help Center. Electronic Signature Laws & Regulations – Austria.
- BoldSign. Legality of eSignatures in Austria.
- CMS Law Firm. E-signatures in finance and NPL transactions in Austria.
