Legal basis for electronic signatures
In Switzerland, the electronic signature is designed to promote the development of e-commerce and ensure the security of digital transactions. The Electronic Signature Act (SCSE) governs the various aspects involved in authenticating electronic documents and identifying signatories. Although electronic signatures can be assimilated to handwritten signatures under certain conditions, their use is strictly defined by law.
Use of electronic signatures
Electronic signatures are used in many fields in Switzerland to guarantee the security, authenticity and traceability of digital transactions.
Online commerce and transactions
In online commercial transactions, the electronic signature makes it possible to secure agreements between the parties. It is frequently used to sign distance contractsShe is responsible for the drafting of legal documents, such as contracts of sale, contracts for the provision of services, and general terms and conditions of use for trading platforms. It ensures theintegrity of the document and the identity of the signatories.
Banking and insurance contracts
Banking institutions and insurance companies in Switzerland use electronic signatures for several types of documents, such as theaccount openingWe can also help you with the underwriting of financial products (loans, insurance, investments) and the validation of credit contracts. This not only enablesspeed up processesIt also enhances security in transactions where confidentiality and authenticity are crucial.
Employment contracts
In the corporate world, electronic signatures can be used to sign employment contracts and amendments, as well as to validate various documents. In a world where remote working is becoming increasingly important, the electronic signature simplifies the process. recruitment process or in multi-site structures, while ensuring document traceability.
Who is authorized to issue electronic signatures?
In Switzerland, the issuing of qualified electronic signatures is strictly regulated by the Federal Law on Certification Services for Electronic Signatures (SCSE). Only recognized certification service providers (CSP) are authorized to issue qualified electronic signatures, which are equivalent to a handwritten signature under certain conditions.
Recognized Certification Service Providers (CSP)
The suppliers from certification services must obtain official recognition from the Swiss Accreditation Service (SAS) in order to be authorized to issue certificates qualified electronic signature. These suppliers comply with strict quality and security standards. The list of recognized CSPs is regularly updated by SAS and is available on dedicated platforms. Visit list of recognized suppliers is available on the Swiss Confederation website, and is regularly updated.
Recognition process
Swiss and foreign suppliers can apply for recognition of their certification services. To do so, they must prove that they comply with Swiss legal requirements. A recognition process A simplified procedure exists for foreign suppliers who have obtained recognition in countries applying requirements equivalent to those in Switzerland.
Collaboration with non-recognized providers
A provider who is not on the list of recognized providers can still issue electronic signatures by working with a certification services provider. recognized. In this case, the service provider relies on certificates issued by the recognized CSP to offer its own services. It is therefore possible to validate the conformity of signatures by checking the certification chain.
Types of electronic signatures
Certified service providers issue different types of electronic signature, corresponding to different levels of security.
- Simple electronic signature : does not require any particular legal recognition, but does not have the same legal value as a handwritten signature.
- Advanced electronic signature : offers a higher level of security, but is not equivalent to a handwritten signature.
- Qualified electronic signature : issued by a recognized CSP and based on a qualified certificate, it is treated as a handwritten signature under Swiss law.
Benefits of electronic signatures
One of the benefits the most obvious advantages of electronic signatures is the speed it offers. The parties can sign contracts or agreements instantly, wherever they are, without having to print, scan or mail documents.
Electronic signatures, in particular qualified signaturesThey offer a high level of security thanks to cryptographic and strong authentication mechanisms. They guarantee the integrity of the document and the identity of the signatory. In Switzerland, qualified signatures issued by recognized service providers meet the highest security standards.
Frequently Asked Questions
How do I make an electronic signature?
To make a qualified electronic signature in Switzerland, follow these steps:
- Choose a recognized certification services provider
- Obtain a qualified electronic certificate after verifying your identity
- Use a signature platform or software provided by the service provider to sign documents
- Upload and sign the document on the platform, using your qualified certificate.
Is a qualified electronic signature equivalent to a handwritten signature?
Yes, in Switzerland, a qualified electronic signature is legally recognized as equivalent to a handwritten signature when it meets legal requirements, such as being issued by a recognized certification services provider.
Who can issue qualified electronic signatures in Switzerland?
Only certification service providers recognized by the Swiss Accreditation Service (SAS) can issue qualified electronic signatures. These providers comply with strict security and reliability standards.
