eSignature legality summary
Switzerland follows freedom of form (CO Art. 11): a special form is required only where the law expressly prescribes one. The Federal Act on Electronic Signatures sets out the signature tiers; only a qualified electronic signature (QES) is treated as equivalent to a handwritten signature.
Types of permitted electronic signature
ZertES recognizes an electronic signature; an advanced electronic signature (exclusively assigned to and identifying the holder, under their sole control, tamper-evident); a regulated electronic signature (an AES via a secure device and a regulated certificate); and a qualified electronic signature (a regulated signature based on a qualified certificate). Only a QES equals a handwritten signature.
Documents that may be signed electronically
Where no special form is required, any electronic signature may be used — procurement, NDAs, software licensing (where no claims are assigned), insurance policies, healthcare, life sciences, technology, and recordable documents.
Use with caution / not typically appropriate
A QES may be needed for HR, banking, lending, factoring agreements, insurance termination declarations, consumer transactions, and government filings; a QES is required wherever the law mandates written form (and to support summary motions in debt enforcement).
- Documents the law requires in written form (need a QES, not an SES/AES)
- Matters requiring a public deed or notarization
Seminal court cases
- Swiss Federal Court, 5A_503/2019
- Swiss Federal Court, 8C_256/2015
Primary sources
- Federal Act on Electronic Signatures (ZertES)
- Swiss Code of Obligations
Disclaimer: This guide is general information, not legal advice, and is not a guarantee that any signature will be enforceable for a particular document, transaction, or jurisdiction. E-signature and data-protection laws change frequently. Confirm the requirements for your specific document and parties, and consult a licensed lawyer in the relevant country before relying on electronic signing.
Last reviewed: June 15, 2026