Updated · By Buğra Sözeri
Is an electronic signature legal in Switzerland?
Is an e-signature legal in Switzerland?
Yes, for contracts without a form requirement, under the Code of Obligations and ZertES. Switzerland is not in the EU, so eIDAS does not apply, but most Swiss contracts need no special form (OR art. 11). Where written form is required, only a qualified electronic signature combined with a qualified time stamp under ZertES is equivalent to a handwritten signature (OR art. 14(2bis)).
Main exceptions: Contracts subject to statutory written form – need a qualified e-signature with qualified time stamp (OR art. 14(2bis)); Purchases and transfers of land – public deed required (OR art. 216, ZGB art. 657); Suretyships – written declaration with maximum amount, and a public deed for natural persons above CHF 2,000 (OR art. 493).
Our take: Swiss contract law is refreshingly form-free, so most freelance contracts, quotes, NDAs and B2B deals can be e-signed with a simple signature. The catch is that Switzerland sets a high bar where written form applies: only a qualified signature plus a qualified time stamp under ZertES replaces handwriting. Check any contract where the law requires written form before you send it. eSignSimple gives simple e-signatures only; for written-form contracts, public deeds, suretyships and wills, we are not the right tool.
Which laws govern electronic signatures in Switzerland?
Code of Obligations (OR), articles 11, 13 and 14
Article 11: a special form is needed only where the law requires it. Article 13(1): written contracts must be signed by all persons bound. Article 14(1) requires a handwritten signature, and article 14(2bis) treats a qualified electronic signature with a qualified time stamp under ZertES as equivalent, subject to deviating legal or contractual rules.
ZertES – Federal Act of 18 March 2016 on Electronic Signatures (SR 943.03)
Article 2 defines electronic, advanced, regulated and qualified electronic signatures, and the qualified time stamp.
What does freedom of form mean in Switzerland?
Under OR article 11, contracts are valid without a special form unless the law requires one. That covers most commercial agreements, NDAs, service contracts and sales of goods, which can be concluded with a simple electronic signature.
Where a signature is simple, the audit trail is your evidence: who signed, when, from which IP address, and whether the document was altered afterwards.
What happens when written form is required?
If the law requires written form, the contract must be signed by all persons it binds (OR art. 13(1)). The signature must be handwritten (art. 14(1)), unless a qualified electronic signature combined with a qualified time stamp under ZertES is used (art. 14(2bis)).
ZertES distinguishes electronic, advanced, regulated and qualified electronic signatures. Only the qualified level, with a qualified time stamp, is equivalent to handwriting under the Code of Obligations.
Which documents need a public deed or handwriting?
A contract for the purchase of land requires a public deed (OR art. 216), as does the transfer of land ownership in general (ZGB art. 657(1)). A suretyship requires a written declaration stating the maximum amount, and for natural persons also a public deed, although for amounts up to CHF 2,000 the handwritten amount is sufficient (OR art. 493).
A holographic will must be written entirely by hand, including the date, and signed (ZGB art. 505(1)).
How should businesses in Switzerland choose a signature?
eSignSimple provides simple electronic signatures with an audit trail (timestamps, IP addresses and a document hash). It does not issue qualified electronic signatures under ZertES, so use a recognised provider where written form is required.
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.
Which documents need more than a simple e-signature in Switzerland?
- Contracts subject to statutory written form – need a qualified e-signature with qualified time stamp (OR art. 14(2bis))
- Purchases and transfers of land – public deed required (OR art. 216, ZGB art. 657)
- Suretyships – written declaration with maximum amount, and a public deed for natural persons above CHF 2,000 (OR art. 493)
- Holographic wills – entirely handwritten, dated and signed (ZGB art. 505)
Where can I read the official texts?
- Swiss Code of Obligations (OR, SR 220) – Fedlex
- Swiss Civil Code (ZGB, SR 210) – Fedlex
- ZertES (SR 943.03) – Fedlex
This guide is general information, not legal advice. Laws change and details depend on your situation; consult a qualified lawyer in Switzerland for specific transactions. eSignSimple provides simple electronic signatures with an audit trail; it does not issue qualified or certificate-based signatures.
Frequently asked questions
Does eIDAS apply in Switzerland?
No. Switzerland is not an EU member state. Electronic signatures are governed by ZertES and the Code of Obligations.
Is a simple e-signature valid in Switzerland?
Yes, for contracts without a statutory form requirement, which is most of them under OR article 11. It does not satisfy written form.
What is a regulated electronic signature?
ZertES defines a regulated (geregelte) signature as a level between advanced and qualified. Only a qualified signature with a qualified time stamp equals a handwritten one under OR art. 14(2bis).
Does eSignSimple meet the requirements in Switzerland?
For contracts without a form requirement, yes. eSignSimple does not issue qualified signatures or qualified time stamps under ZertES, so it cannot satisfy written form under OR article 14(2bis).
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