The ZertES Regulation
Common legal basis for electronic signatures in Switzerland
ZertES (the Swiss Federal Act on Electronic Signatures) is the primary legal framework governing electronic transactions within Switzerland. By setting strict requirements for digital identities and eSignatures, ZertES ensures that electronically signed documents carry the same legal validity and security as traditional handwritten ones, bolstering trust and efficiency in Swiss digital transactions.
What is the ZertES regulation?
ZertES—short for the Swiss Federal Act on Electronic Signatures—is Switzerland’s legal framework for validating electronic signatures and digital identities. It establishes rigorous standards to ensure that electronically signed documents carry the same legal validity and enforceability as handwritten signatures, promoting trust and efficiency in Swiss digital transactions. By recognizing multiple signature types and regulating trust service providers, ZertES facilitates secure, streamlined workflows for businesses, government entities, and individuals alike.
Why is ZertES important?
ZertES is crucial because it provides legal certainty for electronic signatures within Switzerland, ensuring that they carry the same enforceable status as handwritten signatures. By defining clear guidelines for trust service providers and specifying the technical and security requirements for valid eSignatures, ZertES bolsters confidence in digital transactions. This unified framework not only streamlines workflows for businesses, government agencies, and individuals but also enhances security by holding eSignatures to rigorous standards—ultimately facilitating faster, more efficient operations across the country.
Types of Electronic Signatures Under ZertES
Under the ZertES Regulation, electronic signatures are classified into three levels, each offering varying degrees of security, authentication, and legal effect. Understanding these types helps businesses and individuals choose the right balance between convenience and legal certainty:
- Simple Electronic Signature (SES): This is the most basic form of eSignature, which may include anything from a scanned handwritten signature to a click-to-agree checkbox. While SES is valid, it provides a more limited evidentiary value in legal disputes.
- Advanced Electronic Signature (AES): AES requires stronger identity verification and must be uniquely linked to the signer. It must also enable detection of any changes made to the document after signing, thereby offering a higher level of security and reliability than SES.
- Qualified Electronic Signature (QES): QES meets the strictest requirements and must be issued by a government-approved Trust Service Provider (TSP). It has the highest legal effect among all eSignature types under ZertES, equating to a handwritten signature in all EU member states. This makes QES ideal for high-risk or heavily regulated transactions.
SES
- Service contract
- Privacy policy
- Employment contract
- Purchase orders
- Permanent rental contract
AES
- Non-disclosure agreement
- Rental agreement
- Copyright contract
- Partnership agreements
- Personal insurance
QES
- Audit report
- Bank account opening
- Consumer loan contract
- Consumer credit contracts
- Temporary rental contracts
Key benefits of ZertES compliant eSignatures
- Legal Equivalence to Handwritten Signatures - ZertES ensures eSignatures are recognized under Swiss law, giving digitally signed documents the same legal weight as paper-based contracts.
- Enhanced Security and Trust - Strict compliance measures and identity verification requirements minimize the risk of fraud, boosting confidence in digital transactions.
- Streamlined Workflows - Going paperless speeds up agreement processes, reduces administrative overhead, and improves overall efficiency.
- Cross-Sector Adoption - Businesses, government agencies, and healthcare providers can all benefit from ZertES, enabling universally accepted digital agreements.
- Regulated Trust Service Providers - ZertES mandates accreditation for TSPs (Trust Service Providers), ensuring the highest standards for certificate issuance and verification.
Key requirements for ZertES compliance
Achieving ZertES compliance requires meeting strict technical and legal standards that ensure the integrity, authenticity, and legal validity of electronic signatures and trust services within Switzerland. These requirements safeguard digital transactions and establish trust in electronic communications. Below are the core elements businesses and service providers must address:
- Secure Identity Verification - Signers’ identities must be verified using reliable methods to ensure the signature is uniquely linked to them. For Qualified Electronic Signatures (QES), identity verification is carried out by accredited trust service providers.
- Signature Integrity and Tamper-Proofing - Electronic signatures must remain unaltered after signing, with any modifications being detectable. This ensures the authenticity and integrity of signed documents.
- Use of Accredited Trust Service Providers (TSPs) - ZertES mandates that QES be issued by regulated trust service providers who meet strict certification and operational requirements.
- Cross-Device Accessibility - Compliant systems must enable secure signing across devices, maintaining the same level of integrity and authenticity whether the transaction occurs on a desktop or mobile device.
- Detailed Audit Trail - All signing actions must be logged with time stamps, identity data, and other key details to create a verifiable record of the transaction for legal purposes.
- Adherence to Swiss Legal Standards - Signature processes must align with Swiss laws, ensuring that electronic transactions meet national compliance standards and are enforceable in Swiss courts.
By fulfilling these requirements, organizations can ensure their electronic signature processes are fully compliant with ZertES, enhancing the security and reliability of digital transactions in Switzerland.
Admissibility and legal effect of eSignatures under ZertES
Under ZertES, electronic signatures are legally recognized as evidence in Swiss courts, ensuring they cannot be dismissed solely because they are in digital form. The enforceability of an eSignature depends on factors such as the type of signature used and the level of security and verification it provides. For example, a basic electronic signature may suffice for informal agreements but lacks the robust assurance needed for highly regulated transactions. In contrast, Qualified Electronic Signatures (QES), which comply with ZertES requirements and are issued by accredited Trust Service Providers, carry the highest legal and evidentiary weight. These signatures are uniquely linked to the signer, verified through stringent identity checks, and protected against tampering, making them highly resilient to legal disputes.
ZertES establishes the principle that electronic signatures hold the same legal validity as handwritten signatures but does not prescribe which type of signature must be used for specific transactions. The determination of when an electronic signature is sufficient—or when stricter measures like QES are required—is left to individual use cases and Swiss legal frameworks governing specific industries or agreements.
This flexibility allows businesses and individuals to tailor their digital workflows to meet both legal and operational requirements, offering a balance between legal certainty and practical usability in Switzerland's digital economy.
Looking for a secure ZertES compliant eSignature solution?
Choose Sign.Plus for a comprehensive electronic signature platform designed to meet Switzerland’s highest standards for trust and security under ZertES. From Advanced to Qualified Electronic Signatures (QES), Sign.Plus ensures robust identity verification and encryption, guaranteeing your documents remain legally valid across Switzerland.
Sign documents directly from your computer or mobile device, or seamlessly integrate compliant workflows into your existing systems using the ZertES API. Simplify your signing process and achieve full compliance with ease.
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Frequently Asked Questions
DISCLAIMER: The information on this site is for general information purposes only, and Sign.Plus cannot guarantee that all the information on this site is current or accurate. This is not intended to be legal advice and should not be a substitute for professional legal advice. For legal advice, consult a licensed attorney regarding your specific legal questions.
Confédération Suisse
Confederazione Svizzera
Confederaziun Svizra
Swiss Confederation
Innosuisse - Swiss Innovation Agency
