Are eSignatures Legally Binding in Switzerland?

Electronic signatures are legal in Switzerland and their use is recognised in the Federal Act on Electronic Signatures (“EAS”) and the Swiss Code of Obligations (“CO”). There are also other governing laws around electronic signatures including the Ordinance on Certification Services in the field of Electronic Signature and other Digital Certificate Applications. Under Swiss law, contracts only require a special form to be valid when the law expressly requests it. Therefore, contracts legally only need to be in writing in specific cases.

Documents that can be signed electronically

Any type of electronic signature that meets the EAS definition can be used on the following types of documents:

Healthcare
NDAs
Software licensing
Technology sector
Insurance (policies only)
Documents to be recorded
Life sciences

Electronic signature guidance

Even though the use of electronic signatures is not prohibited in the transactions below, caution should be taken before using e-signatures with them as they may require a qualified electronic signature (QES):

Banking
HR
Procurement (if the document contains a factoring agreement)
Consumer transactions
Government filings
Lending
Insurance (if the document contains a termination declaration of the insured)

Types of e-signature permitted in Switzerland

The EAS outlines several different types of electronic signatures with each one having different requirements. Examples of the main ones include:

Electronic signature – data in electronic form that is attached to or logically associated with other electronic data and used to authenticate them.
Advanced electronic signature – an e-signature that is exclusively linked with the signer, can identify the signer, is created using means that the signer can keep under their sole control, and is linked to the data in a way that detects any subsequent changes that are made.
Regulated electronic signature – an advanced signature that is generated using a secure signature creation device in accordance with the EAS and is based on a regulated (digital) certificate issued to a natural person and that is valid when the signature is created.
Qualified electronic signature – a regulated electronic (digital) signature that is based on a qualified (digital) certificate.

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

Electronic Signature Law

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

The Legality of eSignatures in Switzerland

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