Switzerland

Overview

In Switzerland, electronic signatures are governed by two key laws:

• The Federal Law on Electronic Signatures (FAES, also referred to as ZertES) regulates service provider’s use of certification services with electronic signatures. It also provides a framework which outlines the obligations that eSignature providers must follow in relation to certification services. 
• The Swiss Code of Obligations (CO) awards certificate-based digital signatures the same legal validity as a handwritten signature, as long as the signature has a certificate issued by an accredited certification services provider in Switzerland. 

Although Switzerland is not part of the EU, it has sought alignment with the Electronic Identification, Authentication, and Trust Services (eIDAS) regulation for electronic transactions.

Simple or Standard Electronic Signature (SES)
According to FAES, a standard electronic signature (SES) is data in electronic form, which is attached to or logically associated with other data in electronic form, and is used for the authentication of data.

Advanced Electronic Signature (AES)
This is a Standard Electronic Signature that meets additional 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)
This is a Regulated Electronic Signature that is based on a qualified certificate.

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
• Legal: Compliance documents, confidentiality agreements, client and stakeholder reports, engagement letters, and practice continuation agreements

• Deeds
• Wills and codicils
• Inheritance contracts
• Court documents
• Real property contracts and deeds
• Divorce, adoption, and family law documents
• Contracts of surety, if conducted with a natural person
• Articles of incorporation of stock companies and of limited liability companies

1. FAES: https://www.fedlex.admin.ch/eli/cc/2016/752/de
2. Code of Obligations: https://www.swissrights.ch/gesetz/Artikel-14-OR-2017-DE.php

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.