Italy

Overview

As a member of the European Union, Italy complies with the Electronic Identification, Authentication, and Trust Services (eIDAS) regulation which defines the legal structure for electronic identification, signatures, seals, and documents.

Although eIDAS is enforced throughout the EU, many countries still implement their own local regulations to govern eSignatures. The Codice Dell'amministrazione Digitale, or the Digital Administration Code (CAD), also regulates the use of eSignatures in Italy.

The eIDAS regulation defines three types of electronic signatures:

Simple or Standard Electronic Signature (SES)
This type of signature is generally defined as data in electronic form which is attached or logically associated with other data in electronic form, and which is used by a signatory to sign. It is an electronic form of a signature that a signer applies to a document as evidence of their intent to sign.

Advanced Electronic Signature (AES)
An Advanced Electronic Signature is a Standard Electronic Signature that meets the following requirements:

• It is uniquely linked to the signer. 
• It is capable of identifying the signer. 
• It is produced using electronic signature creation data that the signatory can, with a high level of confidence, use under their sole control. 
• It is linked to the signed data in such a way that any subsequent change in the data is detectable.  

Qualified Electronic Signature (QES)
A Qualified Electronic Signature is an Advanced Electronic Signature that’s created by a qualified electronic signature creation device and is based on a qualified certificate for electronic signatures.

The following are examples of documents that can generally be signed electronically:

• Finance: Consent forms, broker contracts, loan applications, financial statements, tax forms, account openings, financial statements, transaction disputes, and underwriting documents
• Human Resources: Employment contracts, onboarding paperwork, non-disclosure agreements, company policies, offer letters, and severance agreements
• Sales: Order confirmations, invoices, sales agreements, quotes, proposals, service agreements, partner contracts, and terms and conditions
• Real Estate: Purchase contracts, contract addendums, agency agreements, appraisals, disclosures, rental and leasing agreements, mortgage documents, and titles and deeds
• Legal: Compliance documents, confidentiality agreements, client and stakeholder reports, engagement letters, and practice continuation agreements.

• Wills and codicils 
• Trusts created by wills 
• Deeds 
• Court documents 
• Consumer loan agreements 
• Contracts disposing of corporate assets 
• Divorce, adoption, and family law documents 
• Contracts related to the purchase, transfer, or rights of real estate  
• Settlement agreements related to disputes over the transfer of real estate or disposal of corporate assets 

1. Electronic Identification, Authentication and Trust Services (eIDAS): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2014.257.01.0073.01.ENG
2. Codice Dell'amministrazione Digitale: https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2005-03-07;82

DISCLAIMER: This information provides general knowledge on the legal framework for electronic signatures. It should not be taken as a substitute for qualified legal counsel. As regulations constantly evolve, Nitro cannot guarantee that this information is up to date. For further advice, seek out the expertise of a qualified lawyer.