The Legality of eSignatures in Italy

Documents that can be signed electronically

Simple electronic signatures can be used in Italy in the use cases below:

• Licenses of patents and trademarks
• Consumer agreements e.g., sales terms, new retail account opening documents, services terms, order confirmations, and more
• Some HR documents including privacy notices, NDAs, benefits paperwork and more
• Commercial agreements between corporate entities such as NDAs, procurement documents, purchase orders, sales agreements, invoices, and more
• Intangible property transfers
• Software license agreements for software obtained during commercial distribution 

Qualified electronic signatures (QES) are typically required in the following transactions:

• Leases of real estate properties for longer than 9 years
• Contracts that constitute or modify the right of use and right to housing
• Contracts for the enfranchisement of the fund leased
• Division of real estate property rights
• Contracts for anticresi
• And more 

Documents that may not be electronically signed

In Italy, there are specific use cases that do not permit the use of electronic signatures and require a handwritten signature and formal notarial processes that are not typically compatible with e-signatures or digital transactions. These include:

• Certain contracts disposing of corporate assets
• Consumer loan agreements
• Contracts to purchase or transfer real property or rights related to it
• Settlement agreements relating to transfer disputes of real property or corporate asset disposal

Types of e-signatures permitted in Italy

The eIDAS regulation defines an electronic signature as data in electronic form which is attached or logically associated with other data in electronic form and which is used by the signatory to sign. It distinguishes between three types of e-signature, simple, advanced, and qualified.

• Simple – the most basic form of e-signature that can be in the form of typing your name at the bottom of an email or checking an approval box. There are no specific security or identity verification requirements for a simple e-signature.
• Advanced – this type of signature is uniquely linked to the signer, can accurately identify the signer, is created using data that the signer can be confident is under their sole control and is linked to the data in a way that detects any subsequent changes that are made. Advanced electronic signatures are more secure than simple signatures and are legally binding in most use cases.
• Qualified – this type of signature is similar to advanced but has additional requirements providers must adhere to. They must be certified based on public keys that have been issued using proper technological means. This means that the identity verification process is multi-step, using both encrypted keys and two-factor authentication.

Italy does not have a separate definition for electronic signatures outside of the one established by eIDAS.

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

• Regulation (EU) No 910/2014

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction. 

Last Updated 9th October 2024