Electronic signature in Switzerland: which form of digital signature suits your document? The answer depends on whether the law or your contract requires any form at all. A click on a confirmation is not automatically equivalent to a handwritten signature. This guide explains the terms of the Federal Act on Electronic Signatures (ZertES), the equivalence under the Code of Obligations (CO, OR) and an operating procedure that keeps the document version, responsibility and signing apart. It does not replace the legal review of a special contract.
Checking the required form first
Under Art. 11 CO, para. 1, contracts require a special form to be valid only if the law prescribes one. Unless otherwise provided on the meaning and effect of a form prescribed by law, validity of the contract depends on compliance with it (para. 2). For everyday practice this means: first check the type of contract, then choose the signing procedure.
Many contracts are free of form. Under Art. 320 CO, para. 1, an individual employment contract requires no special form to be valid unless the law provides otherwise; more on this in the guide Create an employment contract. Other transactions expressly require written form. Examples from the CO:
- The assignment of a claim requires written form to be valid (Art. 165, para. 1).
- A post-employment non-competition clause requires that the employee with legal capacity undertakes the obligation in writing (Art. 340, para. 1).
- The apprenticeship contract requires written form to be valid (Art. 344a, para. 1).
- A surety’s undertaking requires the surety’s written declaration; for natural persons, public deed is in principle added under Art. 493, para. 2, a form of its own that is not the subject of this guide.
Where written form is prescribed by law, Art. 12 CO provides that this also applies to amendments, except for supplementary secondary provisions that do not contradict the document. Under Art. 13, para. 1, the contract must bear the signatures of all persons who are to be bound by it. Agreements may also reserve a form: where such an agreement requires written form without further description, Art. 16, para. 2 applies the requirements of written form prescribed by law to its fulfilment. A “written” clause in your framework contract can therefore trigger the same requirements as the law.
For the annual report, finally, the CO provides for a signature: it must be signed by the chair of the highest management or governing body and the person responsible for financial reporting (Art. 958, para. 3), and it must be retained in writing and signed (Art. 958f, para. 2). How you implement this for an electronically kept set of accounts, clarify with your fiduciary.
Record the assessment before sending. The name of a software function does not answer the question of form.
What the ZertES distinguishes
The ZertES names several levels in Art. 2. The term “simple electronic signature” does not appear in the law; in everyday use it serves to distinguish from the levels with further properties.
| Term under the ZertES | What the law requires (Art. 2) | Equated with handwriting (CO Art. 14, para. 2bis)? |
|---|---|---|
| Electronic signature (let. a) | Data in electronic form that are attached to other electronic data or logically linked with them and serve to authenticate them | Not mentioned |
| Advanced electronic signature (let. b) | Exclusively assigned to the holder, enables identification, is created with means that the holder can keep under sole control, and makes subsequent changes to the data detectable | Not mentioned |
| Regulated electronic signature (let. c) | Advanced signature, created with a secure signature creation device and based on a regulated certificate issued to a natural person and valid at the time of creation | Not mentioned |
| Qualified electronic signature (let. e) | Regulated signature that is based on a qualified certificate | Yes, if combined with a qualified time stamp |
A regulated certificate is, under let. g, a digital certificate that meets the requirements of Art. 7 and was issued by a certification service provider recognised under the ZertES. A qualified certificate (let. h) is a regulated certificate that also meets the requirements of Art. 8. A confirmation code by email does not meet these requirements on its own.
The law itself in principle does not regulate the legal effects of digital certificates; Art. 1, para. 2 ZertES excepts only liability under Articles 17 and 18. The Code of Obligations is therefore decisive for equivalence with a signature.
When equivalence with handwriting applies
Under Art. 14 CO, para. 1, the signature must be written by hand. Under para. 2, a reproduction by mechanical means is recognised as sufficient only where its use is customary in business, in particular for securities issued in large numbers. Art. 14, para. 2bis reads, in an unofficial translation (the binding texts are the German, French and Italian versions): “A qualified electronic signature linked to a qualified time stamp under the Federal Act of 18 March 2016 on Electronic Signatures is equivalent to a handwritten signature. Statutory or contractual provisions to the contrary are reserved.”
The combination is decisive: qualified signature and qualified time stamp. Under Art. 2 let. j ZertES, the qualified time stamp is an electronic time stamp (let. i: confirmation that certain digital data existed at a certain time) that was issued by a recognised provider and bears a regulated electronic seal. A date displayed in a PDF is therefore not yet a qualified time stamp.
Consequences for your business:
- A scanned image of a signature, a click on a confirmation link or a simple electronic signature is no substitute for written form prescribed by law.
- Whether such a process is nevertheless documented as consent, for contracts free of form for instance, is a different question and depends on the facts. Do not confuse documented consent with meeting a formal requirement.
- For a procedure with a qualified signature, have it explained which level is actually used and what evidence exists.
Fixing the document version before sending
A sensible signing process starts with the right version. Check content, enclosures and parties involved before you request signatures. Note internally which file is to be concluded. If an enclosure contains essential terms, it must not be missing when checking and sending. The procedure cannot complete an incomplete contract.
Determine the signatories and check their authority. People identified technically are not authorised to represent for every declaration merely for that reason; clarify authority before sending and record relevant decisions.
If a change to the content comes after a signature, reassess the further procedure. Consent to the older version must not silently be carried over to a changed text. Version management helps to keep the connection between versions visible, but does not replace renewed consent.
Practical example: two groups of documents
The fictional consultancy Seidenweg GmbH wants seven documents signed digitally: three internal acknowledgements, two consulting assignments with customers, an assignment of a claim to its bank and a non-competition clause with an employee.
The firm first checks the form. For the three acknowledgements and the two consulting assignments, the law prescribes no special form, and the parties have agreed none (Art. 11 CO, para. 1). These five documents go into a simple, documented confirmation process. For the assignment (Art. 165 CO, para. 1) and the non-competition clause (Art. 340 CO, para. 1), written form is prescribed. The firm therefore obtains the handwritten signature of the person undertaking the obligation (Art. 13 CO, para. 1); alternatively, it would have it checked whether it can use a procedure with a qualified signature and a qualified time stamp. The stock is fully divided: 5 + 2 = 7 documents.
For the non-competition clause a second question arises: under Art. 340 CO, para. 2 it is binding only if the employment gives insight into the customer base or into manufacturing and trade secrets and their use could significantly harm the employer. A correct signature therefore does not cure a missing requirement. Before one of the acknowledgements is sent, an enclosure is corrected; the responsible person replaces the draft version and checks the complete file again before the request is triggered.
Handling refusal and completion traceably
Plan how you deal with a refusal. A reservation expressed may trigger a query, a new version or a new specialist review. Sending the same link again does not answer an objection on substance. Name a person who handles open signings and queries.
After completion, the signed version and its evidence should remain retrievable. Check whether all intended people took part and whether the stored version matches the content sent. Internal approval and signing are two different tasks; for the preceding approval, see the guide on document approval as a workflow.
If a contract triggers deadlines, record them separately. A signature does not automatically enter all termination conditions in a register.
Checklist for choosing the procedure
- Purpose of the document and type of contract are clear.
- Form requirements under the law and as agreed by contract are checked and recorded.
- Where written form is prescribed: handwritten signature or qualified signature with qualified time stamp planned.
- The signature level actually used and its evidence are known.
- Correct version and all enclosures are prepared.
- Signatories and authority are clarified.
- Refusals and changes have a regulated follow-up route.
- Signed version and evidence remain traceably preserved.
How KMU | base helps
Docu | base offers a simple electronic signature. Internally, employees sign a PDF while logged in; the signed version with a signature sheet is saved as a new version. External parties sign through a link with a code by email or decline with a reason, in a fixed order if wished.
Proceed as follows: under Docu | base › Documents, open the document (PDF only; archived documents can no longer be signed). In the “Signatures” area, choose “Request signature”, add people from the team or external signatories with name and email address, set “In this order” if required, set the validity in days and send the request. Internal people sign on the document or through “Document tasks”; external parties receive a personal link and confirm with a code by email.
The limit is important: these functions are simple electronic signatures. They do not replace the handwritten signature, and Docu | base says so in the product itself. As at the date of this guide, an advanced or qualified electronic signature with a qualified time stamp is not part of the scope of functions. The “Signature level” selection already names these levels; they can be used only once a recognised provider has been set up. Do not plan on them for documents with written form prescribed by law. Use the simple signature for cases where neither law nor contract requires written form and a documented procedure is enough.
The Docu | base user guide describes the signing procedure step by step. Take a look at the Demo, open a test account or write to us through the Contact page.
Sources
- Code of Obligations (OR, SR 220), Art. 11–14, 16, 165, 320, 340, 344a, 493, 958, para. 3 and Art. 958f, para. 2, as at 1 October 2026: fedlex.admin.ch (German original), accessed on 27.10.2026.
- Federal Act on Electronic Signatures (ZertES, SR 943.03), Art. 1, para. 2 and Art. 2 let. a–e, g–j, as at 1 January 2020: fedlex.admin.ch (German original), accessed on 27.10.2026.
This guide does not replace legal or tax advice. Information as at 27.10.2026.