The Principality of Liechtenstein, despite its small size, stands at the forefront of digital trust, having fully integrated its legal system with the rigorous standards of European electronic transaction law. As a member of the European Economic Area (EEA) and the European Free Trade Association (EFTA), Liechtenstein’s legal framework for electronic signatures is largely a reflection of the European Union’s gold standard: the eIDAS Regulation. This ensures a high degree of interoperability and legal certainty for businesses operating both domestically and across Europe.
Overview and Legal Framework
Harmonization with eIDAS
Electronic signatures have been legally recognised in Liechtenstein since 2003 with the passing of the original Signatures Act (Signaturgesetz, SigG), which implemented the EU’s 1999 Directive. However, the current and governing law is based on the Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation), which Liechtenstein formally adopted into its national law in 2018.
Key Principles:
1. Non-Discrimination: As per Article 25(1) of eIDAS, an electronic signature cannot be denied legal effect and admissibility as evidence in legal proceedings solely because it is in an electronic form.
2. Form Freedom: Liechtenstein law generally adheres to the principle of freedom of contract form. Contracts are generally valid if an agreement is reached, regardless of whether it is written, verbal, or electronic, unless a specific legal form is mandated.
3. The Three Tiers of Trust: The legal weight of a document depends on the type of signature used, as defined by eIDAS:
| Signature Type | Abbreviation | Legal Equivalence |
| Simple Electronic Signature | SES | Admissible as evidence in court. Used for low-risk, informal agreements. |
| Advanced Electronic Signature | AES | Provides a higher level of security, capable of uniquely identifying the signatory. Admissible in court with high probative value. |
| Qualified Electronic Signature | QES | The only e-signature type that is granted the equivalent legal effect of a handwritten signature in a traditional “wet-ink” format. |
The QES must be issued by a Qualified Trust Service Provider (QTSP) on the European Union Trusted List (EUTL) and created using a secure device. Liechtenstein’s national digital identity scheme, eID.li, has been notified in accordance with the eIDAS Regulation, further ensuring its use for legally binding transactions both at home and across the EEA.
Documents That Can Be Signed Electronically
Because Liechtenstein follows the eIDAS standard and the principle of form freedom for most commercial matters, the vast majority of business and administrative documents can be signed electronically.
A. Documents Signable with SES or AES:
For most everyday commercial and employment agreements, an SES or AES is legally sufficient and admissible as evidence. In fact, under Liechtenstein law, where the written form is required, the signature may be provided by mechanical means insofar as this is customary in business transactions.
- i. General Commercial Contracts: Non-disclosure agreements (NDAs), standard sales and procurement contracts, general trade agreements, and commercial leases.
- ii. Human Resources: Employment contracts, internal policy acknowledgements, employee benefits forms, and termination agreements (unless a specific law requires a QES).
- iii. Consumer Agreements: Retail contracts, service agreements, and software licenses.
- iv. Financial and Corporate: General corporate resolutions, board meeting minutes (unless notarization is required), and internal audit documents.
B. Documents Requiring a QES (Equivalent to “Wet-Ink”):
A Qualified Electronic Signature (QES) is required for any document where national law explicitly mandates the “written form” or a “handwritten signature” to be legally valid. Using a QES ensures that the electronic document has the same legal standing as a paper document signed with a pen.
- i. Official Filings: Submissions to public registries or government bodies where a statutory signature is required.
- ii. Formal Legal Documents: Certain powers of attorney, declarations, and other documents specifically referenced in national statutes as requiring the highest form of signature security.
Documents That Cannot Be Signed Electronically
While the electronic signature framework is broad, certain categories of documents and legal acts are typically excluded from electronic signing or require a specific form of public certification (notary) that is not generally compatible with a remote e-signature process. These exclusions are reserved for the highest-value or most sensitive personal matters.
Documents that typically require a physical “wet-ink” signature or a Notarial Deed include:
i. Real Property Transfer: Contracts and deeds for the transfer of ownership of real property and land titles. While lease contracts can be signed electronically, the actual conveyance of land ownership is generally a highly formalized, paper-based, and notarized process.
ii. Notarial Deeds: Documents that require a public notarization by a Liechtenstein notary (e.g., certain forms of foundation documents, high-value securities).
iii. Family Law Acts: Documents relating to personal status, such as nuptial (marriage) contracts and certain divorce agreements.
iv. Law of Succession: Documents concerning inheritance, such as wills and testamentary trusts, which often require adherence to very strict physical formalities to be legally valid.
In these cases, a simple or advanced e-signature is insufficient, and even a QES may not satisfy the formal legal requirement of a notarized deed unless it is executed within a state-approved electronic notarization service.
Notable Changes in the Laws and Future Trends
Adoption of eIDAS (2018)
The most significant change was the adoption of the eIDAS Regulation in 2018 through its integration into the EEA Agreement. This move repealed the older national laws derived from the 1999 Directive and harmonized Liechtenstein’s framework with that of the entire European Economic Area, boosting cross-border digital commerce.
National Digital Identity (eID.li)
Liechtenstein’s national digital identity scheme, eID.li, has been notified under eIDAS, ensuring that citizens and residents can use a government-issued, high-assurance digital identity for signing and authenticating electronic transactions both domestically and when accessing online services in other EEA/EU countries.
Future with eIDAS 2.0 and EUDI Wallet
The upcoming revision of the eIDAS Regulation (eIDAS 2.0) will further strengthen digital trust. This regulation will mandate the issuance of the European Digital Identity (EUDI) Wallet by EEA member states, including Liechtenstein. This initiative will make it easier for citizens and businesses to use verified digital identities and Qualified Electronic Signatures/Seals across borders, further integrating Liechtenstein into the European digital single market and simplifying digital compliance.
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
1. European Free Trade Association (EFTA) Surveillance Authority official documentation on the adoption and applicability of eIDAS in the EEA/EFTA member states (Liechtenstein, Norway, Iceland).
2. Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation).
3. Liechtenstein Signatures Act (Signaturgesetz, SigG), as amended to incorporate the eIDAS Regulation (LGBl. 2003 Nr. 215 ff.).
