Is an electronic signature legal in Switzerland?
Switzerland follows freedom of form (CO Art. 11): a special form is required only where the law expressly prescribes one. The Federal Act on Electronic Signatures sets out the signature tiers; only a qualified electronic signature (QES) is treated as equivalent to a handwritten signature.
What types of electronic signature are recognized in Switzerland?
ZertES recognizes an electronic signature; an advanced electronic signature (exclusively assigned to and identifying the holder, under their sole control, tamper-evident); a regulated electronic signature (an AES via a secure device and a regulated certificate); and a qualified electronic signature (a regulated signature based on a qualified certificate). Only a QES equals a handwritten signature.
What documents can be signed electronically in Switzerland?
Where no special form is required, any electronic signature may be used — procurement, NDAs, software licensing (where no claims are assigned), insurance policies, healthcare, life sciences, technology, and recordable documents.
What documents cannot be signed electronically in Switzerland?
A QES may be needed for HR, banking, lending, factoring agreements, insurance termination declarations, consumer transactions, and government filings; a QES is required wherever the law mandates written form (and to support summary motions in debt enforcement).
What court cases have addressed eSignatures in Switzerland?
Swiss Federal Court, 5A_503/2019
Swiss Federal Court, 8C_256/2015
