Is an electronic signature legal in Italy?

Signature levels under the CAD

Italy uses the eIDAS levels, plus the national firma digitale, a type of qualified signature. For a document to meet the written-form requirement and carry the evidential effect of a private writing under article 2702 of the Codice civile, CAD article 20(1-bis) requires a digital, qualified or advanced electronic signature.

A simple electronic signature is still not denied legal effect under eIDAS, and can support contracts that have no form requirement, but its weight as evidence depends on the surrounding circumstances and supporting proof.

Real estate and other formal acts

Article 1350 of the Codice civile lists acts that must be in writing, including transfers of real estate. Under CAD article 21(2-bis), private writings for the acts in article 1350 nn. 1–12 must be signed with a qualified or digital signature; for n. 13, an advanced signature is also acceptable.

For public acts, CAD article 21(2-ter) requires the public official to sign with a qualified or digital signature, while the parties may use an advanced, qualified or digital signature or a digitally captured handwritten signature.

Practical tips for businesses in Italy

For commercial contracts without a form requirement, a simple e-signature with a full audit trail works well. For contracts that must be in writing, use an advanced, qualified or digital signature, and for acts under article 1350 nn. 1–12, a qualified or digital signature.

eSignSimple provides simple electronic signatures with an audit trail (timestamps, IP addresses and a document hash). It is not a qualified trust service provider and does not issue qualified electronic signatures, so use a QES provider where the law requires one.

This page is general information about how electronic signature law works, not legal advice. For a specific high-value or regulated transaction, check with a qualified lawyer in the relevant jurisdiction.