The legality of electronic signatures in Switzerland is highly robust, thanks to a clear legal framework that adopts a tiered approach. The Swiss system closely mirrors the European Union’s eIDAS Regulation, granting the highest level of electronic signature the same legal effect as a traditional handwritten signature. This legal certainty makes electronic signing a standard, highly secure practice across Swiss commerce and administration.
Overview and Legal Framework
The core principle of Swiss contract law is the principle of freedom of form (Art. 11 CO). This means a contract is generally valid and legally binding even if concluded verbally or electronically, unless a specific form is legally required (e.g., written form, public notarization).
The Federal Act on Electronic Signatures (ZertES)
The primary law governing the use of electronic signatures is the Federal Act on Electronic Signatures (ZertES), which came into effect in 2017 (replacing a 2003 version). ZertES sets the technical and organizational standards for Certification Service Providers (CSPs) and defines four types of electronic signatures based on their level of security and legal validity:
| Signature Type | Abbreviation | Legal Equivalence to Handwritten Signature | Evidentiary Value in Court |
| Simple Electronic Signature | SES | No | Admissible, but minimal; lowest probative value. |
| Advanced Electronic Signature | AES | No | High probative value; authenticity is generally presumed. |
| Regulated Electronic Signature | RES | No | A Swiss-specific, enhanced version of AES. |
| Qualified Electronic Signature | QES | Yes (Equivalent to a handwritten signature) | Highest probative value; conclusive evidence for “written form” requirements. |
The Swiss Code of Obligations (CO)
Article 14, paragraph 2bis of the Swiss Code of Obligations (CO) is the critical provision. It explicitly states that “The qualified electronic signature linked with a qualified time stamp pursuant to the Federal Act on Electronic Signatures is equivalent to the handwritten signature.”
This legal equivalence means that any document where Swiss law mandates the “simple written form” (a handwritten signature) can be legally signed using a QES.
Key Requirements for QES
To achieve the equivalent legal status of a handwritten signature, a Qualified Electronic Signature (QES) must:
1. Meet the requirements of an Advanced Electronic Signature (uniquely linked to the signatory, capable of identifying them, created under their sole control, and tamper-evident).
2. Be based on a Qualified Certificate issued by a Certification Service Provider (CSP) that is officially recognized and audited by the Federal Office of Communications (OFCOM).
3. Be created using a Secure Signature Creation Device (SSCD).
Documents That Can Be Signed Electronically
The vast majority of commercial, employment, and civil agreements that do not have a statutory formal requirement (like notarization) can be signed using a Simple (SES) or Advanced (AES) Electronic Signature.
For documents where Swiss law specifically requires the written form (or “simple written form”), only the Qualified Electronic Signature (QES) is sufficient.
| Signature Type | Documents | Rationale |
| QES (Qualified) | Documents legally requiring the “written form” (Art. 14 CO): -Consumer Credit Agreements -Notice of Termination for Lease/Rental Agreements -Assignment of Claims (unless legally restricted) -Non-Competition Clauses in Employment Contracts -Temporary Employment Contracts | Equivalence to handwritten signature. |
| AES/SES | Documents with no statutory formal requirement: -General Commercial Agreements (sales, services) -Non-Disclosure Agreements (NDAs) -Internal Corporate Documents (policies, approvals) -Simple Employment Contracts (without special clauses) -Invoices and Purchase Orders | Principle of freedom of form applies. |
Documents That Cannot Be Signed Electronically
Swiss law explicitly retains certain formalities for high-stakes transactions, requiring either a handwritten signature or, most commonly, public authentication or notarization. For these documents, even a QES is not sufficient.
Documents requiring a traditional signature and/or an official ceremony include:
| Document Category | Requirement | Rationale |
| Real Estate Transactions | Public Notarization and Land Registry entry | To ensure legal certainty and protection of rights. |
| Creation/Transfer of Property Rights | Public Notarization (e.g., establishing a mortgage) | |
| Inheritance Law | Holographic Wills (entirely handwritten and signed) and Inheritance Contracts (notarial deed) | To prevent forgery and ensure the testator’s true intent. |
| Family Law | Marriage Contracts (notarial deed) | To protect both parties in a formal relationship. |
| Corporate Formation | Articles of Association (for certain legal entities like AG/GmbH) | Requires a notarial deed to establish the legal entity. |
| Surety/Guarantee Agreements | Handwritten (for natural persons) | To protect the individual by forcing a conscious, deliberate act (must state the amount/obligation in one’s own hand). |
The key distinction is between the simple written form (replaceable by QES) and the qualified written form or public notarial deed (not replaceable by any electronic signature).
Notable Changes and International Alignment
Switzerland’s electronic signature legislation, while independent of the EU, has consistently sought interoperability and high standards of security, notably:
i. ZertES vs. eIDAS: ZertES is often called the “Swiss eIDAS” because it shares the same tiered approach (SES, AES, QES) and equivalent technical standards. This pragmatic approach facilitates cross-border commerce between Switzerland and the EU, as both systems recognize the high legal standing of the respective “Qualified” signatures.
ii. The RES Tier (Regulated Electronic Signature): The Swiss framework introduced the RES as a specific standard, which, while not equivalent to a handwritten signature, further enhances the legal value of an Advanced Electronic Signature when based on a regulated certificate and secure device.
iii. Focus on Identity Verification: The QES process in Switzerland requires a strict, one-time in-person or remote video identification process with a recognized CSP (such as SwissSign or Swisscom Trust Services) before a qualified certificate can be issued. This rigorous verification is what underpins the QES’s equivalence to a handwritten signature.
iv. Inclusion of Electronic Seals (E-Seals): ZertES also regulates the Electronic Seal, which performs the same function as a company stamp or official seal for legal entities, ensuring the integrity and origin of electronic documents issued by organizations.
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. Swiss Civil Procedure Code (CPC) of 19 December 2008.
2. Swiss Federal Act on Electronic Signatures (ZertES) of 18 March 2016 (in force since 2017).
3. Swiss Code of Obligations (CO) of 30 March 1911 (Art. 11 and Art. 14, para. 2bis).
4. Ordinance on Certification Services (VZertES).
