Types of Signatures

AES

Legal status: Advanced
Typical uses: Quotes, approvals, NDAs

QES

Legal status: Qualified (eIDAS/ZertES)
Typical uses: Employment contracts, terminations, official documents

Legal validity of the qualified electronic signature (QES)

The qualified electronic signature (QES) meets the highest requirements for the digital signing of documents and is legally equivalent to the handwritten signature both in the European Union and in Switzerland –
each based on different legal foundations.

European Union – eIDAS Regulation

According to Art. 25 para. 2 of the eIDAS Regulation (EU) No. 910/2014, the qualified electronic signature is legally equivalent to the handwritten signature, provided that:
- a qualified certificate is used,
- the signature was created with a qualified signature creation device,
- a trusted provider (QTSP) according to eIDAS was used.

Switzerland – Federal Act on Electronic Signature (ZertES)

In Switzerland, the Federal Act on Electronic Signature (ZertES, SR 943.03) regulates the recognition of electronic signatures.
According to ZertES: 
- A qualified electronic signature (QES) is equivalent to the handwritten signature according to Art. 14 para. 2bis OR.
- A certificate from a recognized provider of certification services (e.g. Swisscom Trust Services) must be used.
- The signature is made via a secure signature creation device (e.g. MobileID, smartcard, HSM).

Cross-border validity (EU ↔ CH)

Thanks to the use of signature providers like Skribble with EU & CH-compliant identity providers, QES can be used cross-border. Typical application areas:
- Employment and service contracts,
- Data processing agreements (DPA),
- Commercial contracts,
- HR-relevant documents with written form requirement

Conclusion

The qualified electronic signature via DOKinform® Sign4ELO in connection with Skribble
is legally binding and meets the requirements of both the EU (eIDAS) and Switzerland (ZertES).
It is equivalent to the handwritten signature in both legal areas.

Product Brochure

Download the data sheet in PDF format.

ECM Solutions GmbH
Buochserstrasse 26
CH-6370 Stans

Email: info[at]dokinform.ch