Electronic signatures are a fundamental part of online transactions across Switzerland and the European Union (EU). Organisations and people rely on them to streamline procedures, cut paper, and ensure compliance with legislative demands. The three most typical electronic signatures adopted by Swiss ZertES and the EU eIDAS legislation are:
- Simple Electronic Signature (SES)
- Advanced Electronic Signature (AES)
- Qualified Electronic Signature (QES)
While QES and AES offer additional security functionalities, SES is legally binding for the majority of business transactions and can typically be used for standard agreements. Signntrack currently supports SES but plans to include AES and QES in a future release, allowing businesses to leverage a full suite of digital signing tools.
This article is on different electronic signatures, whether they are legally valid, and what types of documents can be signed using SES, with particular emphasis on the fact that SES is legally binding and is equivalent to AES and QES for the majority of agreements, including NDAs, offers, invoices, and purchase agreements.
Understanding the Types of Electronic Signatures
Simple Electronic Signature (SES)
SES is the most basic form of electronic signature. It is any form of electronic information that is affixed to or associated with a document or contract and serves as a signature. Examples include:
- Placing a name on the bottom of an email
- Clicking “I Agree” on an electronic contract
- Using a scanned version of a handwritten signature
- Signing using a touchscreen or an electronic signature pad
Advanced Electronic Signature (AES)
AES requires additional security features to ensure authenticity and integrity. It ought to:
- Be uniquely related to the signer
- Provide for identification of the signer
- Be generated by electronic signature technology under signer control
- Detect any alteration of the document subsequent to generation
Qualified Electronic Signature (QES)
QES is the most secure electronic signature and is equivalent to a handwritten signature from a legal standpoint in the EU and Switzerland. It must:
- Be based on a qualified digital certificate from an authorised service provider
- Use a secure signature creation device
- Ensure the highest level of trust and authentication
While QES is mandatory for certain high-risk transactions, SES remains a legally binding solution for the vast majority of business processes.
SES Legality Under EU and Swiss Law
The EU eIDAS Regulation and Swiss ZertES both recognize SES as legally valid. However, its evidence weight can be lower than AES or QES. SES is most suitable for contracts that are not under stringent identity authentication or regulatory requirements.
According to EU and Swiss law, SES is suitable for:
- Commercial contracts and agreements
- HR and work documents
- Invoices and purchase agreements
- Commercial transactions
- E-commerce agreements
Documents that can be Signed with SES
SES is acceptable for most kinds of contracts and business transactions. Below are significant categories where SES is used generally.
Business & Commercial Agreements
SES is acceptable for most business transactions, including:
- Non-Disclosure Agreements (NDAs)
- Service Agreements (in case a stricter type of signature is not mandatory)
- Purchase Orders (POs) & Sales Agreements
- Invoices & Payment Approvals
- Supplier Contracts (for low-value transactions)
- Standard Business Letters & Internal Memos
HR & Employment Documents
Various HR-related agreements and employee documents can be digitally signed with SES:
- Employment Offer Letters (applicable in most EU countries)
- Employee Onboarding Documents
- HR Policies & Acknowledgment Forms
- Freelancer & Contractor Agreements
- Leave Requests & Approvals
- Performance Reviews & Disciplinary Notices
Exceptions: Some EU member countries (e.g., Germany and Austria) require QES for employment contracts to be effective.
Real Estate & Property Management
SES can be used on property management contracts and short-term lease agreements:
- Lease Agreements (for short-term renting in some regions)
- Rental Applications & Tenant Approvals
- Maintenance & Repair Requests
Exceptions: Property sales and mortgage contracts typically require QES in the EU and Switzerland.
Financial & Banking Documents
SES is acceptable by law for some financial transactions, such as:
- Bank Account Opening Agreements (for personal accounts)
- Loan Applications (during pre-approval stages)
- Expense Reports & Reimbursement Requests
- Standard Terms & Conditions Acceptance
Exceptions: Large-value transactions, loan contracts, and mortgage agreements typically require AES or QES.
Healthcare & Medical Documents
In the healthcare sector, SES is used for:
- Patient Consent Forms
- Medical Appointment Confirmations
- Health Insurance Claims
Exceptions: Medical prescriptions, advanced directives, and sensitive health records generally require AES or QES.
Government & Public Sector Documents
SES can be accepted for certain official government interactions:
- Tax Forms & Filings (for non-vital documents)
- Public Procurement Applications
- Permits & Licenses (when SES applies)
Exceptions: Court filings, official government contracts, and high-risk regulatory documents usually call for QES.
E-Commerce & Online Transactions
SES is necessary for electronic contracts in e-commerce and internet services:
- Terms & Conditions Acceptance
- Subscription Agreements
- Online Purchase Agreements
- Software License Agreements (EULA)
When SES is Not Sufficient
Certain high-risk or regulated transactions require AES or QES to be legally enforceable. SES cannot be used to:
- Employment contracts (in certain EU nations such as Germany and Austria)
- Real estate sales and mortgage agreements
- Court documents & legal filings
- High-value financial transactions (e.g., investments, stock trading approvals, loans)
- Wills, testaments, and power of attorney
- Consumer credit contracts (where QES is mandatory by law)
Why SES is Sufficient for Most Business Transactions
Although AES and QES offer greater security and legal protection, SES is generally sufficient for everyday agreements. Its most significant benefits are:
- Legally binding status under EU eIDAS and Swiss ZertES
- Faster and more convenient signing process
- Cost-effectiveness compared to AES and QES
- Widespread acceptability for normal contracts and commercial transactions
For businesses, the use of SES ensured efficient processes with ongoing adherence to the law. It is particularly suitable for contracts where confirmation of identity is not strictly necessary under the law.
Simple Electronic Signatures (SES) are legally binding and easy to use for most commercial and personal agreements. AES and QES, however, are necessary for transactions that are extremely risky. SES, however, is widely accepted for business transactions, HR agreements, financial deals, and web-based commerce agreements.
With solutions such as Signntrack, companies are able to make their signing process more efficient using SES while keeping themselves compliant with Swiss and EU law. With digital transactions further developing, SES will continue to be an essential tool for companies seeking efficiency and legal certainty when it comes to document management.