The electronic signature in Switzerland: legal value

Signing a contract today no longer requires paper, printer and scanner. The electronic signature has entered the daily operations of businesses, but there is a great deal of confusion around its legal value. “Is it worth as much as a handwritten signature?” The correct answer is: it depends on the type of signature and the type of document. In Switzerland the matter is regulated precisely, and understanding the distinctions avoids ending up with a contestable contract. Here is how it works.

The Swiss framework: three levels of signature

In Switzerland the electronic signature is governed by the Federal Act on Electronic Signatures (ZertES) and the Code of Obligations. The fundamental distinction is between three types of signature, with increasing value.

• Simple electronic signature (SES): any electronic data associated with a document in order to sign it — from a scanned signature to a click on “I accept”. It is the most widespread and the least robust.
• Advanced electronic signature (AES): uniquely linked to the signatory and capable of detecting subsequent changes to the document. It offers greater certainty as to identity and integrity.
• Qualified electronic signature (QES): an advanced signature based on a qualified certificate issued by a provider recognised in Switzerland and associated with a qualified time stamp. It is the only one that the law equates with the handwritten signature.

The point that counts: only the QES equals a handwritten signature

This is the decisive notion. The Code of Obligations establishes that, where the law requires written form, only the qualified electronic signature with a qualified time stamp is equated with the handwritten signature. Simple and advanced signatures have evidentiary value, but do not in themselves satisfy a legal requirement of written form.

In practice:

• If the contract does not require a particular form — and most commercial contracts are valid even purely verbally — a simple or advanced signature is sufficient to express intent.
• If the law requires written form, the QES (or paper with a handwritten signature) is needed.

When a qualified signature is really needed

Some acts require written form by law, or even more solemn forms. Typical examples where form matters:

• Contracts for which the Code of Obligations expressly requires written form.
• Certain acts in the employment and commercial sphere where written form is prescribed.

Note, however: some acts require a public deed or the involvement of a notary (for example, the incorporation of a corporation or certain real-estate transactions). In these cases no electronic signature, not even a qualified one, replaces the notarial deed. The electronic signature operates in the field of written form, not beyond it.

Operational benefits (and limits to be aware of)

For a business the benefits are concrete:

• Speed: contracts signed in minutes, even between parties in different countries.
• Traceability: who signed, when, and the assurance that the document has not been altered afterwards.
• Costs and storage: no printing, postage or paper handling.

The limits to keep in mind:

• For the QES the signatory must hold a qualified certificate and complete an identification process with a recognised provider: there is an initial step to organise.
• Cross-border value must be checked: the Swiss QES and the European qualified signature follow separate frameworks, and mutual recognition is not automatic.
• Preserving the evidence over time requires care: the signed file and its verification elements must be archived correctly.

How to choose the right level

The practical question is not “which is the strongest signature”, but “which is the one suited to the document”.

1. Does the document require written form by law? If so, aim for the QES.
2. Do you need strong certainty as to identity and integrity? An AES may suffice for important documents without a form requirement.
3. Is it a low-risk consent (confirmations, recurring orders)? A simple signature is proportionate.

Over-engineering every signature slows things down for no reason; under-engineering the wrong one puts validity at risk.

How we work

SIH ONE is an AI-native fiduciary group: we help businesses digitise their document flows by choosing, for each type of act, the correct level of signature under Swiss law, and by setting up archiving that holds up over time as evidence. This way digitisation saves time without creating fragile contracts.

Do you want to digitise your company’s signatures in a legally sound way? Let’s see how to set it up.