The legality of electronic signatures in the Czech Republic (Czechia) is fully recognized and governed primarily by the European Union’s eIDAS Regulation, supplemented by robust national implementing laws. This framework provides a tiered structure for electronic signatures, granting the highest form, the Qualified Electronic Signature (QES), the same legal weight as a wet-ink, handwritten signature.
Overview and Legal Framework
Czechia’s legal recognition of e-signatures predates the EU’s uniform approach, having adopted its first Electronic Signature Act in 2000. Today, its legal system is fully harmonized with the European standard.
The Tiered Legal Model
The Czech legal framework is based on the three categories of electronic signatures defined by the eIDAS Regulation:
| Signature Type | Legal Effect | Use Case & Requirement |
| Simple Electronic Signature (SES) | Standard commercial contracts, NDAs, and non-real estate leases. Must be uniquely linked to the signatory and under their sole control. | Basic, informal documents, e.g., internal acknowledgments, simple e-mail consent, click-wrap agreements. |
| Advanced Electronic Signature (AES) | Admissible as evidence with higher probative value than SES. | Standard commercial contracts, NDAs, non-real estate leases. Must be uniquely linked to the signatory and under their sole control. |
| Qualified Electronic Signature (QES) | Equivalent to a handwritten signature. Highest level of legal and evidential certainty. | Documents requiring written form by law, high-value transactions, government filings, and documents requiring a “Verified Signature.” |
Key Legislative Acts
1. eIDAS Regulation (Regulation (EU) No 910/2014): Directly applicable across Czechia, it establishes the foundation for the three types of electronic signatures and ensures cross-border recognition of QES issued in any EU member state.
2. Act No. 297/2016 Coll., on Trust Services for Electronic Transactions (Act on Trust Services): The main national law implementing eIDAS, defining rules for Trust Service Providers and specifying the requirements for the various signature types.
3. Act No. 89/2012 Coll., the Civil Code: Confirms the “principle of consent”, stating that contracts are generally valid if legally competent parties reach an agreement, whether verbally, electronically, or in writing (Sections 559 and 574). It allows for electronic or technical means to satisfy the written form requirement if they reliably capture the content and identify the person.
4. Act No. 250/2017 Coll., on Electronic Identification: Defines the electronic identification means used by Czech citizens and the government for accessing services, often linking to the issuance of QES.
Documents That Can Be Signed Electronically
For the vast majority of private and public-sector transactions, an electronic signature can be used. The type of signature required depends on whether the law mandates a specific formality.
Documents Where Any Signature (SES, AES, or QES) is Sufficient:
Because the Czech Civil Code operates on the principle of consent, most private law contracts are legally valid even if signed with a Simple Electronic Signature (SES), provided the content is reliably captured and the acting person can be identified (Section 561 of the Civil Code). This includes:
i. General Commercial Contracts: Supply, service, distribution, and commercial loan agreements.
ii. Non-Disclosure Agreements (NDAs).
iii. Non-Registered Real Estate Leases: Lease agreements not subject to registration in the Real Estate Register.
iv. Procurement and Tender Documents.
Documents Where Recognized/Qualified Electronic Signature (RES or QES) is Required
For documents where Czech law specifically requires a written form or a high degree of certainty, a higher level of signature is mandatory or highly recommended. In Czech law, the term “Recognized Electronic Signature” (RES) is often used for documents submitted to public authorities; RES is defined as an AES based on a Qualified Certificate or a QES.
i. Government and Public Filings: Submissions to the courts, tax authority, and other administrative bodies.
ii. Labor Law Documents (Post-2023 Amendments): Employment contracts, amendments, notices of termination, and agreements on completion of work, which legally require written form, are often delivered and signed using a QES or an AES based on a qualified certificate, especially if the employee has agreed to electronic delivery.
iii. Consumer Loan Agreements.
iv. Standalone Acknowledgments of Debt.
v. Lease Terminations for residential real estate.
vi. Contracts requiring Notarial Acts (since 2022 amendments): Acts which formerly required a verified (notarized) signature can now be executed by a QES of a notary (see notable changes).
Documents That Cannot Be Signed Electronically
While the scope of e-signatures is broad, certain acts requiring the highest level of official formality and public record-keeping still necessitate traditional wet-ink or notarial intervention, as the law requires the notary’s physical presence or seal for a specific public record.
1. Real Estate Transfers for Public Registry: Documents that must be submitted to the Czech Real Estate Register for the transfer, establishment, or termination of in rem rights (rights related to a thing, such as ownership or easements). This includes:
- i. Transfer of ownership agreements (sale, gift).
- ii. Establishing mortgages or easements.
- iii. Rationale: Although the documents can be drafted and signed electronically, the final act of submission and verification for entry into the official cadastre often requires a verified or officially certified signature, which has historically been a barrier for e-signatures.
However, recent legal changes have enabled notaries to use their own QES to certify electronic deeds, which may eventually overcome this barrier.
2. Wills and Inheritance Declarations: A last will (testament) and declarations of disinheritance must follow strict legal procedures that traditionally require physical witnesses or specific notarial deed forms to ensure the free will of the testator. While a notary can now use a QES for some notarial deeds, the specific formal requirements for a will often still mandate the traditional physical form.
3. Founding of Companies or Changes to Corporate Statutes: Documents that require a Notarial Deed (notářský zápis) for registration in the Commercial Register, such as the initial founding document for a limited liability company (s.r.o.) or a joint-stock company (a.s.), or changes to its registered capital. The notary’s role in creating a public deed is distinct from simply verifying a signature.
Notable Changes in the Laws (2023–2025)
The most significant recent developments focus on increasing digitalization and streamlining bureaucratic processes, particularly since 2023.
1. Digitalization of Notarial Deeds (2022 Amendment)
An amendment to the Act on Notaries Public (effective since early 2022) was a major step: it introduced the possibility of a notary drafting and executing a notarial deed in electronic form. This electronic deed is certified by the Qualified Electronic Signature (QES) of the notary and can be based on a remote (electronic) identification of the signatory. This change allows many transactions that traditionally required a physically notarized document to be completed digitally.
2. Digitalization of Public Services and Datová schránka (Data Box)
Since January 2023, the government has mandated the automatic creation of a Data Box (datová schránka), a secure, electronic mailbox, for all adult citizens and freelancers who use any form of digital identity with an authority. This platform is now the primary secure channel for electronic communication with state authorities and is designed to work seamlessly with QES, significantly driving the use of recognized electronic signatures for all government interactions.
3. Labor Code Amendments (October 2023)
Amendments to the Labor Code modernized the delivery of work-related documents. Employment contracts, termination notices, and amendments can now be concluded and delivered electronically, provided the employee has given written consent to electronic delivery and has provided an electronic address. This solidified the legal basis for using AES or QES for essential HR documents.
4. Judicial Interpretation Debate on SES and Written Form
A minor but notable area of ongoing legal discussion involves the use of Simple Electronic Signatures (SES) for documents that require a “written form” by law. While some legal opinions and lower court decisions argue that only a QES provides the necessary guarantee of identity for the “written form,” the prevailing, broader view supported by the Civil Code and certain higher court decisions maintains that SES can be sufficient if the identity of the person and the integrity of the document can be reliably proven by other means (e.g., strong audit trails, timestamps). This highlights that while all signature types are legally admissible, using an AES or QES is the clear choice for ensuring high evidential certainty and avoiding legal disputes.
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. Act No. 300/2008 Coll., on electronic legal acts and authorized conversion of documents (Zákon o elektronických úkonech a autorizované konverzi dokumentů).
2. Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (the eIDAS Regulation).
3. Act No. 297/2016 Coll., on Trust Services for Electronic Transactions (Zákon o službách vytvářejících důvěru pro elektronické transakce).
4. Act No. 89/2012 Coll., the Civil Code (Občanský zákoník).
5. Act No. 262/2006 Coll., the Labor Code (Zákoník práce), as amended.
