Switzerland Electronic Signature Compliance Statement

Are electronic signatures legal in Switzerland? What laws primarily govern electronic signatures?

Electronic signatures are legal in Switzerland. They are primarily governed by the Federal Act on Electronic Signatures (FAES) and the Swiss Code of Obligations (CO). The Ordinance on Certification Services, as well as regulations issued by the Federal Office of Communications (OFCOM) regarding certification services for electronic signatures and other digital certificates, also provide relevant rules for their application.

What types of electronic signatures are recognized in Switzerland? What are the respective requirements?

Switzerland recognizes four types of electronic signatures: Simple Electronic Signature, Advanced Electronic Signature, Regulated Electronic Signature, and Qualified Electronic Signature.

1. Simple Electronic Signature

Refers to electronic data attached to or logically associated with other electronic data and used to verify identity (Article 2(a), FAES).

2. Advanced Electronic Signature

In addition to meeting the requirements for a Simple Electronic Signature, it must also:

• Be uniquely linked to the signatory;
• Enable the identification of the signatory;
• Be created using means that the signatory can maintain under their sole control;
• Be linked to the data in such a way that any subsequent changes to the data can be detected.

3. Regulated Electronic Signature

An Advanced Electronic Signature created using a secure signature creation device under FAES and based on a regulated certificate issued to a natural person, valid at the time the signature is created.

4. Qualified Electronic Signature

A Regulated Electronic Signature based on a qualified certificate. Only a Qualified Electronic Signature, when combined with a certified seal, has the same legal validity as a handwritten signature.

According to Article 2(g) FAES, digital certificates used for Regulated Electronic Signatures or Qualified Electronic Signatures must be issued by a certification service provider that complies with the FAES requirements and is certified by an accredited conformity assessment body. Moreover, qualified certificates can only be issued to natural persons and must include a statement that they are valid for electronic signatures only.

In which scenarios can electronic signatures be used in Switzerland?

• Procurement (factoring agreements require a Qualified Electronic Signature)
• Non-disclosure agreements
• Software licensing
• Insurance (only applicable to policies)
• Healthcare
• Life sciences
• Technology sector
• Documents requiring record-keeping

In which scenarios should Qualified Electronic Signatures be used in Switzerland?

• Human resources
• Factoring agreements
• Banking
• Loans
• Insurance (if the document contains a termination declaration from the insured)
• Consumer transactions
• Government documents

In which scenarios must traditional (wet ink) signatures be used in Switzerland?

• Consumer-related documents concerning apprenticeship, leasing, and employment law
• Entirely handwritten documents, such as surety agreements or holographic wills
• Documents requiring notarization or public authentication, such as:
  • Marriage and inheritance contracts
  • Real estate transactions
  • Formation (and amendments to statutes) of legal entities, companies, or foundations
  • Assignment of claims, bankruptcy