Sign documents online in Switzerland and the European Union with a digital signature (ZertES, eIDAS)

"While almost all Swiss contract can be signed with a QES, it is not always obvious which are the Swiss contracts that must be signed with a QES"

Sign remotely from everywhere - any time.

360 Signatures offers all signature types (SES, AES, QES), online video ID and age checks, signing sequences, meaningful email notifications and replacement of out-of-office signatories. 360 Signatures also supports bulk signing and contract attachments.

Web app or API to sign contracts or identify.

Privates and small Swiss companies with rare contracts can use 360 Signatures as a web app and sign ad-hoc. Enterprises can access our API gateway and are offered hands-on support in integrating their backend with 360 Signatures.

The use cases for digital signatures are diverse.

The areas of application for 360 Signatures include financial services (customer onboarding, signatories management), HR (employment contracts), the real estate sector (rental contracts) and public authorities (decrees, submissions).

Digital signatures are more probative than paper signatures.

Unlike contracts on paper, electronically signed documents contain digital time stamps with deeper insights into a document's chain of custody for archival and evidentiary goals. A contract's wording cannot be changed after it was signed digitally.

The most affordable digital signing solution in Switzerland.

360 Signatures is the cheapest Swiss provider of electronic signatures. The price for a QES is CHF 1.70. Invoicing takes place once a year via QR-bill based on the number of signature or age verification cases actually used (pay-as-you-go pricing model).

360 Signatures is both ZertES and eIDAS compliant.

360 Signatures supports all electronic signature types both under Swiss (ZertES) and European law (eIDAS). All data is kept in ISO 27001 certified data centres located in Switzerland. To protect against ransomware, a 3-2-1 backup strategy is in use.

Simple Electronic Signature (SES)

CHF 0.40 per signature case

Legal transactions with very low litigation risk and no written form requirement:

• Small purchase contracts

Approved versions of important internal documents:

• Technical documentation
• Engineering prototypes
• Product specifications
• Graphics and designs
• Good to print
• Marketing material
• Approved fact sheets
• Approved KYC reports
• Investor information
  

Advanced Electronic Signature (AES)

CHF 0.90 per signature case

Legal transactions with some litigation risk, but no written form requirement:

• Purchase contracts
• Supplier agreements
• Service contracts
• Engagement letters
• Mandate agreements
• Partnership agreements
• NDAs
• Quotes
• Public tenders
  

Qualified Electronic Signature (QES)

CHF 1.70 per signature case

Legal transactions subject to the written form requirement under Swiss or EU law:

• Bank account openings
• Bank mortgage loans
• Consumer credit
• Life insurances
• Legalization of signature
• Public registry entries
• Audit reports
• Employment contracts
• Termination letters
• Rental contracts
• Termination of tenancy
• Transfer of claims
• Guarantee contract
• Inheritance distributions
  

The Swiss qualified electronic signature

The Swiss digital signature is a convenient solution for doing business on the move. Signing online has therefore the potential to become the preferred form of concluding contracts for Swiss and European companies. However, in Switzerland and the EU, only a qualified electronic signature (QES) from an accredited certification service provider (CSP) such as Swisscom Trust Services (here) can replace a handwritten signature.

In order to be able to sign with a legally valid QES in Switzerland, each signatory must first verify their identity by means of a one-time online video identification. Electronic identity verification is integrated into 360 Signatures and is offered free of charge.

This digital identity check for a Swiss QES involves the following steps:

• Uploading of a photo of an ID card or passport
• Taking a selfie and a short video
• Confirming the accuracy of the personal details

Freedom of form under Swiss law

In everyday life, most Swiss contracts are concluded without a handwritten or digital signature. A purchase contract is usually agreed verbally or via the internet in a legally valid manner. The reason for this is the principle of freedom of form enshrined in Swiss contract law, which states that "contracts only require a special form to be valid if the law prescribes such a form" (Art. 11 para. 1 CO). The principle of freedom of form applies to all legal transactions in Switzerland.

The Swiss legislator prescribes stricter formal requirements if the significance of the legal transaction justifies protecting the parties from undue haste (as a warning) and in the interest of legal certainty and clarity.

There are 4 formal requirements under Swiss law:

• Simple written form ("einfache Schriftlichkeit")
• Qualified written form ("qualifizierte Schriftlichkeit")
• Public notarization ("öffentliche Beurkundung")
• Entry in a register, which is often accompanied by public notarization

The simple written form in Switzerland requires the contract to be drawn up in writing and signed by the parties.

The qualified written form in Switzerland requires the express mention of certain contractual elements (consumer credit agreement), the use of certain words or even the handwritten drafting of the document (guarantee or last will).

Public notarization in Switzerland requires the involvement of a notary (entries in the land register and the Swiss commercial register).

In order to decide when a qualified Swiss electronic signature (QES) is actually needed, two factors are decisive:

• an understanding of the principles of the simple written form
• a list of Swiss contract types that require the written form

Principles of the simple written form under Swiss law

"Where Swiss law requires that a contract be done in writing, the requirement also applies to any amendment to the contract" (Art. 12 CO). In other words, the amendment of a contract that is subject to simple written form typically leads to the creation of a new contract, which must also be signed with a QES. Otherwise, the old contract remains in force.

In addition, "a contract required by Swiss law to be in writing ("in schriftlicher Form") must be signed [by hand or electronically] by all persons on whom it imposes obligations" (Art. 13 para. 1 CO). Conversely, a person who is only entitled by a contract does not have to sign it (for example, the recipient of a donation).

Contrary to popular belief, the written form obligation in Switzerland does not require contracts to state a place, time and personal details. From a more visual perspective, Swiss law does not require that all signatures appear together on the same document provided that reference is made to the same contract (for example, when multiple copies are circulated).

In general, the requirement of the written form in Switzerland means that the content of a declaration of intent must be permanently recorded in writing on a physical medium, usually a paper document. By signing, the declaring party acknowledges the content of the agreement.

The signature:

• must be handwritten. Since 2017, a qualified electronic signature (QES) in accordance with the Swiss Law on Electronic Signatures, ZertES (here) "is deemed equivalent to a handwritten signature, subject to any statutory or contractual provision to the contrary" (Art. 14 para. 2bis CO)
• must be positioned in such a way that it covers the content of the document
• does not necessarily have to be at the end of the document
• may reproduce only surnames
• cannot consist of mere initials
• may, if usual, be limited to abbreviations, pseudonyms or other designations (e.g. "your mother") if the signatory is clearly identifiable and there is no risk of confusion
• is sufficient even if it is illegible, provided that the signing person can be identified by their characteristic handwriting
• could also be applied before the text is drawn up ("blank certificate")

A person cannot sign with legal effect as a result of a failure to understand writing (illiteracy).

Formal invalidity of a Swiss contract

If the legal requirement of simple written form is not complied with, the entire legal transaction is null and void. If only individual provisions of a Swiss contract are subject to the written form obligation, partial invalidity is assumed.

However, formal invalidity can be remedied by mutual fulfilment of the agreement. If the parties fulfil a contract that is not formally valid in the knowledge that it is not valid, it is an abuse of law to invoke the lack of form.

For the sake of completeness, it should be noted that in addition to the legally required written form, there is also a contractually agreed written form. Thus, "where the parties stipulate a written form without elaborating further, the provisions governing the written form as required by law apply" (Art. 16 para. 1 CO).

In practice, this means that If a Swiss contract contains a clause stating that any amendment to or termination of the contract must be made in writing, a QES must be used to sign it, unless it has been expressly stipulated that in writing means the use of an SES or AES.

Scope of use of the qualified electronic signature (QES): list of Swiss contracts requiring the written form

Swiss law prescribes the written form (and hence requests a handwritten signature or the use of a qualified electronic signature) in the following business situations:

1. SWISS SUPERVISORY LAW

A Swiss qualified electronic signature (QES) is required in the following financial law situations:

• Opening of a Swiss bank account - written Form A and K (Art. 56 - 64 AMLO-FINMA)
• Management of the signatories on a Swiss bank account (CDB 20)
• Set up of online banking on a Swiss bank account (CDB 20)
• Written set up of an EBICS connection (here) on a Swiss bank account
• Written conclusion of consumer credit agreements (Art. 9 para. 1 FLCC)

2. SWISS COMPANY LAW

A Swiss qualified electronic signature (QES) is required in the following public registry and company law situations:

ESTABLISHMENT AND MUTATION

• Self-certification: the QES replaces the certification of the signature by a notary and (for signatories located abroad) an additional apostille in the context of entry notifications in the Swiss commercial register (Art. 556 para. 2 CO)
• Agreement on contributions in kind into a Swiss company (Art. 634 para. 2 CO)
• Incorporation report to verify any contributions in kind (Art. 635 CO)
• Confirmation from a licenced auditor of the assets stated in the written incorporation report (Art. 635a CO)
• Transfer or commitment to transfer shares in a Swiss GmbH (Art. 785 para. 1 CO)
• Articles of association of a Swiss cooperative and incorporation report in the event of contributions in kind (Art. 834 para. 1 and 2 CO)
• Declaration of accession to a Swiss cooperative (Art. 840 para. 1, Art. 847 para. 3 CO)

CAPITAL INCREASE

• Capital increase report by the Board of Directors in the event of contributions in kind (Art. 652e CO)
• Audit confirmation of the capital increase report by a licensed auditor in the event of contributions in kind, the issue of new shares or the existence of conversion or option rights (Art. 652f para. 1, Art. 653f para. 1, Art. 653i para. 2 CO)

CAPITAL REDUCTION

• Application to register a creditor claim following a share capital reduction notification in the Swiss Official Gazette of Commerce and respective auditor confirmation (Art. 653k para. 1 CO, Art. 653m para. 1 CO)

EXERCISE OF SHAREHOLDER RIGHTS

• Requests to the AGM for information, inspection and initiation of a special court investigation (Art. 656c para. 3 CO)
• Power of attorney issued by the shareholder of a Swiss company to a third person to exercise membership rights conferred by (pledged) registered shares (Art. 689a para. 1 and para. 3 CO)
• Request to the Board of Directors for information on the company's affairs and inspection of its books and records (Art. 697 para. 2 and para. 4, Art. 697a para. 3 CO)
• Special court investigation report following the rejection or impossibility of a request for information or inspection (Art. 697g para. 1 CO)
• Request to convene an AGM (Art. 699 para. 4 CO)
• Passing of binding resolutions during a general meeting of a Swiss company not complying with the applicable rules on convening meetings (Art. 701 para. 3 CO)
• Consent by all partners of a Swiss GmbH that the partners (or Management) may engage in activities that contradict the duty of loyalty or any non-compete clause (Art. 803 para. 3 CO)

REPRESENTATION

• Conclusion of contracts over CHF 1,000 where a Swiss legal entity is represented by the person with whom it concludes the contract (Art. 718b, Art. 899a CO)

OVERINDEBTEDNESS

• Audit report from a licenced auditor that the upward revaluation of real estate or holdings of a Swiss company to remedy overindebtedness is lawful (Art. 725c para. 2 CO)
• Audit report from a licenced auditor in the event of repayment of paid additional contributions (Art. 795b CO)
  

AUDIT AND REPORTING

• Written request for consent by the Board of Directors to the shareholders to opt out of the the limited audit of a Swiss company (Art. 727a para. 3 CO)
• Written audit report to the General Meeting signed by the lead auditor (Art. 728b para. 2 CO, Art. 728c para. 1, Art. 729b para. 2 CO)
• Annual remuneration report by the Board of Directors of listed Swiss companies (Art. 734 para. 1 CO)

3. SWISS ACCOUNTING LAW

The following Swiss accounting and audit reports must be signed by a qualified electronic signature (QES):

• Annual financial statements signed by the chairman of the highest administrative body and the person responsible for accounting of a Swiss company (Art. 958 para. 3 CO)
• Annual audit report of the Swiss company where applicable (Art. 958f para. 2 CO)
• Annual report by the Board of Directors of Swiss commodity traders on payments made to state bodies (Art. 964f para. 4 CO)

4. SWISS CONTRACT LAW

A Swiss qualified electronic signature (QES) is required to legally sign the following contracts:

• Transfer of a claim to a third party (Art. 165 para. 1 CO)
• Conclusion of a real estate pre-purchase agreement without fixing a price (Art. 216 para. 3 CO)
• Promise of a gift - where the gift was not already made from hand to hand (Art. 243 para. 1 CO)
• Conclusion (or instruction to conclude) and amendment of a guarantee contract under CHF 2,000 (Art. 493 para. 1 and 5 CO, Art. 509 para. 5 CO, Art. 510 para. 1 CO). Swiss guarantee contracts over CHF 2,000 require public notarization.
• Consent of the spouse to a guarantee contract (Art. 494 para. 1 CO)
• Conclusion of a lifetime maintenance agreement with a licenced care home (Art. 522 para. 2 CO)

5. SWISS TENANCY LAW

A Swiss qualified electronic signature (QES) is required in the following tenancy law situations:

• Payment reminder by the landlord due to rent arrears by the tenant (Art. 257d para. 1 CO)
• Notification of a defect by the tenant to the landlord (Art. 259g para. 1 CO)
• Consent of the landlord to renovation or conversion work by the tenant (Art. 260a para. 1 CO)
• Consent of the landlord to a transfer of the rental agreement to a third party (Art. 263 para. 1 CO)
• Request to the insolvent tenant to provide security for future rent payments (Art. 266h para. 1 CO)
• Notice of termination by either the landlord or the tenant (Art. 266l para. 1 CO)
• Application by the tenant for a rent reduction (Art. 270a para. 2 CO)

The above provisions apply mutatis mutandis to the (agricultural) lease contract (Art. 275 et seq. CO).

It should be noted that the letter of termination must be issued in writing by both the tenant and the landlord. However, the landlord's letter of termination is subject to enhanced written form requirements - it must be written on a special form for terminating the tenancy in Switzerland (here) approved by the respective canton ("Formularpflicht").

6. SWISS HR AND EMPLOYMENT LAW

Theoretically, a pure employment contract is not subject to any formal requirements under Swiss labor law. An employment contract could therefore also be concluded verbally and would be binding. In practice, however, most work contracts in Switzerland contain special items that deviate from the standard statutory provisions and are therefore subject to the written form requirement to be enforceable.

Employment contracts in Switzerland must be signed with a Swiss qualified electronic signature (QES) if they contain the following special provisions:

• Provision for non-compensation of the employee's overtime (Art. 321c para. 3 CO)
• Pro rata calculation of the employee’s commission entitlement, if agreed (Art. 322b para. 2 CO)
• Deferral of commission payments for long-term underlying transactions (Art. 323 para. 2 CO, Art. 339 para. 2)
• Application of a flat-rate expense allowance for the employee (Art. 327a para. 2 CO)
• Deferral of the refund of sureties furnished by the employee to the employer (Art. 330 para. 2 CO)
• Consent of the spouse in the event of a pledge (or advance withdrawal) of the employee's occupational pension entitlement for the purpose of acquiring residential property (Art. 331d para. 5 CO, Art. 331e para. 5)
• Waiver by the employee of the right to acquire IP rights made by the employee in the course of his employment but not in fulfillment of his contractual obligations (Art. 332 para. 2 CO)
• Written extension of up to 3 months of the statutory 7-day notice period during the probation period (Art. 335b para. 2 CO)
• Written reduction of the statutory notice period after the probation period (Art. 335c para. 2 CO)
• Written determination of the amount (and deferral, if applicable) of a long-term employee’s (20+ years of service) severance allowance (Art. 339c para. 1 and 4 CO)
• Written non-compete or non-solicitation clauses and restitution of the status quo ante after a breach (Art. 340 para. 1 CO, Art. 340b para. 3 CO)
• Written conclusion of an apprenticeship contract (Art. 344a para. 1 CO)
• Written conclusion of a commercial traveller’s contract (Art. 347a para. 1 CO)
• Assumption of liability by the commercial traveller (or the insurance broker) for private customers who are unwilling to pay (Art. 348a para. 2 and 3 CO)
• Free determination of the commercial traveller’s salary during the 2-month probation period (Art. 349a para. 3 CO)
• Written waiver of compensation for lost commissions to the commercial traveller in cases where they are unable to travel through no fault of their own (Art. 349c para. 2 CO)
• Written conclusion, amendment and termination of a collective employment contract (Art. 356c para. 1 CO)
• Written conclusion of a mandate for marriage or partnership mediation (Art. 406d CO)
• Written loan authorization (Art. 408 para. 2 CO)
• Exclusivity agreement in the agency contract (Art. 418c para. 2 CO)
• Written assumption of liability by the agent during the performance of the agency contract (Art. 418c para. 3 CO)
• Various deviations from the standard provisions of the agency contract (Art. 418f para. 3, Art. 418g para. 1 and 3, Art. 418k para. 1, Art. 418q para. 1, Art. 418t para. 3 CO)

7. PUBLIC AND ADMINISTRATIVE LAW

A qualified electronic signature (QES) is required in the following situations under federal public and procedural law when a competent authority issues a decision to parties:

• Written notification of a ruling. However, the receiving party must consent to the electronic reception of the ruling (Art. 34 para. 1bis APA)
• Submissions, decrees, notifications and invoices of a decree nature in the context of civil and criminal proceedings as well as debt enforcement and bankruptcy proceedings (Art. 9 and 10 VeÜ-ZSSV, Art. 86 para. 1, Art. 110 para. 2 CrimPC)
• Written public procurement contracts concluded by administrative units with private companies (Art. 11 para. 1 PPO)

What does eIDAS mean?

eIDAS means electronic Identification, Authentication and Trust Services - eIDAS (here). It is a European regulation promoting interoperability across the 27 EU Member States so that they recognise each other’s electronic signatures regimes. In particular, "a qualified electronic time stamp issued in one Member State shall be recognised as a qualified electronic time stamp in all Member States" (Art. 41 eIDAS).

For the moment, Switzerland has not concluded an agreement on the mutual recognition of electronic signatures with the EU or other countries. A European QES is therefore not equivalent to a Swiss QES and vice versa. However, Swiss electronic signature solution providers typically also offer signatures according to eIDAS.

For how long is a QES valid?

It is known that a person only has to be identified once by video before they can legally sign with a QES in Switzerland and Europe. However, a new video identification must be carried out if any of the following occurs:

• The signatory has a new cell phone number
• The signatory has new identity documents
• The signatory has a new surname

How to check if a Swiss electronic signature is valid?

The Federal Chancellery of Switzerland provides an online validation service for electronic signatures (here) through which the integrity and authenticity of Swiss digital signatures can be checked:

The online validator for Swiss digital signatures makes the following checks:

• It checks if a document has been changed since it was signed
• It checks if the digital signature certificate was issued by an authorized body (that is, an accredited CSP) and was not withdrawn at the time of signing
• It checks the time of electronic signature through the embedded Time Stamping Authority (TSA) independently of the system clock in the computer
• It checks the type of signature (SES, AES, QES)
  

Register with 360 Signatures (here), upload the document to be signed.

Select signature type: SES, AES or QES depending on your business needs.

Invite signatories and specify their signing order. Put annexes and comments.

Place signature freely and receive relevant status updates via email.

Business logic

• Signing order: Case initiators can set a signature sequence and replace out-of-office signers while the contract is still in flight
• Attachments: Case initiators can upload addenda, terms, pricings
• Rejection of case: Signatories can reject a case providing a reason
• Real-time document tracking and audit trail: Email notifications and reminders give instant updates and visibility into case progress (less time spent asking people where a contract is or who is taking the next step)
• Mass signatures: Multiple documents can be signed at once
• Prioritization of cases: 3 urgency levels (normal, urgent, critical) to meet tight deadlines and stay on top of workflows
  

Usability

• Clear UI: Intuitive interface for corporates and public authorities avoiding unnecessary complexity
• Guest users: Co-signatories do not need to register
• Language support: All workflows including emails in 4 languages (EN, DE, FR, IT)
• Technical Support Hotline: Support in EN, DE, FR, IT during office hours (+41 44 700 28 88)
• Freedom of design: Option to place signatures anywhere in the contract or, alternatively, in a standard position at the bottom of a page (for mass signatures)
• Productivity connectors: Integration to 360 Documents (here) 
• Channel flexibility: Sign PDFs via Webapp (B2C) or API (B2B)
  

Regulatory

• Legal compliance: Support of all electronic signatures types (SES, AES, QES) under Swiss (ZertES) and European law (eIDAS)
• Automatic identity verification: One-time video ID check to qualify for QES signatures (operating hours: MON - SAT: 09h00 - 22h00). Age verification: 24/7/365
• Certified signature: 360 Signatures uses Swisscom Trust AG as its recognized trust services provider
• Conformance with Adobe AATL certificates: Compliance with the Adobe Approved Trust List (here) and Adobe's software suites - electronic signatures can be tracked in the Adobe PDF reader via its signature panel

Security

• Login: Multi-factor authentication (MFA) supporting Google and Microsoft Authenticators
• Data residency: All data is kept exclusively in Switzerland
• Privacy: Compliance with the Swiss Federal Act on Data Protection - FADP (here) and the EU's General Data Protection Regulation - GDPR (here)
• Information security: ISO 27001 certified data centres located in Switzerland in compliance with FINMA requirements
• Document retention policy: Uploaded identity documents are kept for 90 days and then deleted
• Ransomware protection: 3-2-1 offline, offsite backup

Related Reading

Martin Eckert, Martina Aepli (2023) Digital signatures in the HR sector (here)

European Union (2014) Regulation on electronic identification and trust services - eIDAS (here)

Leena Kriegers-Tejura (2023) Formvorschriften im Arbeitsrecht: Von der mündlichen Abmachung bis zur elektronischen Signatur (here)

Jolanta Kren Kostkiewicz, Marc Amstutz, Stephan Wolf, Roland Fankhauser (2022) OR Kommentar, Schweizerisches Obligationenrecht (here)

Corinne Widmer Lüchinger, David Oser (2019) Obligationenrecht I, Art. 1-529 OR. Basler Kommentar (here)

Isabelle Oehri (2022) Verträge digital unterzeichnen – Rechtliche Fallstricke bei e-Signaturen (here)

Maximilian Schenner (2023) So sieht der Schweizer Markt für digitale Signaturlösungen aus (here)

David Schwaniger (2021) Die elektronische Signatur (here)

SVIT - Schweizerischer Verband der Immobilienwirtschaft (2022) Digitaler Mietvertrag (here)

Swiss Accreditation Service SAS (2024) List of recognized certification service providers (CSP) (here)

Swiss criminal procedure code (here)

Swiss Federal Council (2023) The Swiss Federal Council analyses the formal requirements in private law (here)

Swiss Federal Office of Communications OFCOM (2025) Electronic Signature (here)

Swiss law on administrative procedure (here)

Swiss law on electronic signatures, ZertES (here)

Swiss ordinance on electronic signatures, VZertES (here)

Swiss ordinance on electronic transmission in the context of civil and criminal proceedings as well as debt enforcement and bankruptcy proceedings (here)

Swiss ordinance on public procurement (here)

WEKA (2021) Formvorschrift: Die verschiedenen Arten im Vertragsrecht (here)

Markus Winkler (2024) E-Signatur: Wo stehen wir heute? (here)