Electronic signatures come in three levels: simple, such as a scanned signature or a click; advanced, uniquely linked to a person and protected against alteration; and qualified, which additionally relies on a qualified certificate from a recognised provider and is created with a secure signature creation device.
Legal effect in the EU
Under the eIDAS Regulation, a qualified electronic signature has the same legal effect as a handwritten signature. The revised Regulation (EU) 2024/1183 adds European digital identity wallets, with which citizens are also expected to be able to sign at the qualified level.
Legal effect in Switzerland
In Switzerland, a qualified electronic signature with a qualified time stamp is equivalent to a handwritten signature under Art. 14(2bis) of the Code of Obligations. Providers are recognised under ZertES. There is no automatic mutual recognition between Switzerland and the EU; many signature services therefore offer both variants.
Which level when
For most business contracts a simple or advanced signature is enough, because no written form is required. Where the law requires written form, the qualified signature is needed. In apps and customer portals we integrate specialised providers for this.
