Law & Compliance – Electronic Signatures in Switzerland & EU
Learn everything about ZertES, eIDAS, and GDPR compliance for digital signatures across Switzerland and the EU.
Electronic Signatures are becoming the global standard for legally binding contracts, saving time, reducing costs, and improving security in the digital environment. This guide covers all the important aspects of electronic signatures, focusing on the ZertES regulations in Switzerland, the eIDAS regulation in the EU, and how they comply with GDPR standards. You will also find practical use cases, compliance requirements, and security measures.
ZertES, eIDAS & GDPR Regulations
The legal framework for electronic signatures is governed by two primary regulations:
- ZertES – the Swiss law for electronic signatures, providing clear guidelines for the usage of digital signatures.
- eIDAS – the EU regulation that ensures legal certainty for cross-border electronic signatures within the EU.
- GDPR – the General Data Protection Regulation, which outlines how electronic signatures must comply with data protection requirements.
Both ZertES and eIDAS offer different levels of security for electronic signatures, ranging from simple signatures to qualified electronic signatures (QES), with QES having the same legal effect as a handwritten signature in both Switzerland and the EU.
Compliance Requirements for Businesses
For businesses, adopting electronic signatures requires ensuring compliance with local and international regulations:
- Document Types: Identify which document types require electronic signatures and the appropriate signature type (SES, AES, or QES).
- Identity Verification: Ensure robust identity verification processes for signatories, especially for advanced and qualified signatures.
- Audit Trails: Maintain secure audit trails to track the integrity and history of signed documents.
- Data Security: Ensure that the digital signatures are securely hosted, encrypted, and comply with GDPR's data protection and storage requirements.
Security, Hosting & Compliance Standards
Electronic signatures must meet stringent security and compliance standards to ensure their legal validity and to protect the interests of all parties involved:
- Encryption: Secure encryption methods must be used to protect signature data during transmission and storage.
- Audit Trails: All signed documents must include an audit trail to prove their authenticity and compliance with regulatory requirements.
- Data Protection: Electronic signatures must comply with GDPR and local data protection laws to safeguard personal and business data.
Practical Use Cases & Industry Examples
Electronic signatures are applicable in a wide range of industries, including:
- Legal: Signing contracts, NDAs, and other legal agreements.
- Real Estate: Digital signing of lease agreements, property sales contracts, and more.
- Finance: Loan agreements, account opening forms, and other financial contracts.
- Human Resources: Employee contracts, performance reviews, and HR documentation.
- Government: Digital signatures for public procurement and official documents.
FAQ – Common Questions about Electronic Signatures
What is the legal status of electronic signatures in Switzerland?
In Switzerland, electronic signatures are governed by ZertES and are legally binding. A qualified electronic signature (QES) is equivalent to a handwritten signature.
When should I use QES instead of AES or SES?
QES is required for high-risk transactions, such as financial agreements or documents that require strict legal formality. AES and SES are suitable for less formal agreements.
Get Started with Electronic Signatures
Test out digital signatures today with our secure, compliant, and easy-to-use solutions.
Start for Free