Qualified electronic signature
QES
Other languages: Deutsch · Français · Español
An electronic signature based on a qualified certificate from a recognised provider, which has the same legal effect as a handwritten signature.
In Switzerland, the Federal Act on Electronic Signatures (ZertES) and Art. 14 para. 2bis of the Code of Obligations establish this equivalence, in the EU the eIDAS Regulation. Swiss and EU qualifications are not automatically recognised by each other.
In practice
With a qualified electronic signature, many contracts, powers of attorney and resolutions can be signed without paper – a considerable time saving for families with members in several countries. In practice, it must be checked whether a special form is required for the transaction in question, such as notarisation, which the signature does not replace. Signed documents are filed with the validation report, so that the validity of the signature can be proven later.
Distinctions and common mistakes
Not every electronic signature is qualified: scanned signatures or simple click confirmations are not sufficient where the law requires written form. Typical mistakes are contracts that require written form but are signed only with an advanced signature, and cross-border documents for which nobody checks whether the signature is recognised as qualified in the other country.
Relevant in: Switzerland · EU-wide
Related terms
- Audit trail
- An unalterable log that records who created, changed, approved or deleted which data and when.
Mentioned in these guides
- Electronic signatures in a family officeWhen an electronic signature is enough in a family office: simple, advanced and qualified signatures under ZertES and eIDAS, their limits and practice.