Electronic Signatures in Switzerland

According to the laws and regulations of Switzerland, it is not necessary to have a penned or written signature on documents for its authentication but electronic signatures can also be used for the purpose. This is as per article 11 section 1 of the laws of Switzerland that contracts can be made and will be considered valid if electronic signatures are made on it.

Moreover, according to article 14 sections 2, contracts can also be made valid through Qualified Electronic Signatures (QES) even if it needs written signatures for authentication. The parties have to present a valid contract and electronic signatures to prove it valid at court.

The Use of Standard Electronic Signatures in Switzerland

In any of the following cases, SES can be used.

1. SES can be used for authentication of HR documentation such as employment contracts, intellectual proper rights, the procedure of employee onboarding, benefits paperwork, privacy notes, and non-disclosure agreements.
2. SES can also be used for the commercial agreements among different individuals, companies, or entities comprising of authentication of documents such as service agreements, distribution agreements, sales agreements, procurement documentation, invoices, acknowledgment of orders, purchase orders, and non-disclosure agreements, etc.
3. SES can also be used for consumer agreements, the opening of retail accounts documentation, policies, user manuals, documents related to shipments, invoices, confirmation of orders, purchase orders, terms of services, sale terms, and software licensing, etc.
4. SES can be used for authentication of trademarks, copyrights, patents, property licensing, and software licensing agreements, etc.

The Use of Qualified Electronic and Digital Signatures in Switzerland

The following are cases where the above-mentioned signatures can be used.

1. QES can be used for authentication of loan agreements and consumer credit statements.
2. QES can be used for authentication of pre-empting contracts of sales.
3. QES can be used for authentication of lending donations.
4. QES can be used for authentication of sales of the door to door revocation campaigns.
5. QES can be used for authentication of loan authorization.
6. QES can be used for authentication of employment contracts.
7. QES can be used for authentication of contracts related to a life annuity.
8. QES can be used for authentication of claim agreements.
9. QES can be used for authentication of staff hiring agreements.
10. QES can be used for authentication of agreements related to factoring.

The Cases which are not appropriate for QES and Digital Signatures

1. The notarization such as deeds and property transfer should be avoided through QES.
2. The notarization of contracts related to surety should be avoided through QES.
3. The notarization of inheritance contracts should also be avoided through QES.
4. The authorization of the last handwritten will should also be avoided through QES.

Advanced Electronic Signature (AES)

The AES is a kind of electronic signature which is meeting the requirements mentioned below.

1. It has a unique link to the signatory.
2. It has the ability for the identification of signatory.
3. It has been created under means solely controlled by a signatory.
4. It has a link to other electronic data or means through which any alteration can be detected.