Handwritten signatures are no longer in keeping with the times. However, it is important to ensure that electronic signatures are legally valid. Specifically, it must be checked according to which legal status the contract is signed. Does Swiss law or the law of an EU or even non-EU country apply? Swiss contracts are governed by the Swiss Federal Act on Certification Services in the Field of Electronic Signatures and Other Applications of Digital Certificates (ZertES). In the EU, the Regulation on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation) applies. A qualified electronic signature (QES) must be used in order for an electronic signature to be legally enforceable, including in court if necessary. For example, in order to legally sign a declaration of assignment of shares in accordance with Swiss law, the assigning shareholder must sign with a qualified electronic signature (QES) in accordance with Swiss law (ZertES). This is possible, for example, with Skribble (www.skribble.ch) or DocuSign (www.docusign.com). However, the Enterprise license is required for DocuSign.
What needs to be considered with electronic signatures?
All FAQs Published at: 2024-02-05