Digital signature

2min

In Swiss law, a contract is formed when both parties mutually agree (i.e., mutual expression of intent). Depending on the type of contract, there may be specific legal requirements for how this agreement is expressed, especially if certain terms contradict the law (e.g., changing the notice period in an employment contract). 
These requirements can be: 
Simple written form: Some contracts require written signatures from all parties. This can be done with a wet-ink signature or a qualified digital signature.
Qualified written form: In rare cases, extra steps are needed beyond the simple written form. For example, a landlord ending a lease must use a form approved by the Canton.
Notarization: Some contracts need to be stamped by a notary.
If no special requirements apply, a contract can also be signed with a non-qualified digital signature, or even agreed to verbally or tacitly. 
To avoid confusion between types of forms, we refer to:
Agreement in written form: Wet-ink signature or qualified digital signature.
Agreement in text form: Non-qualified digital signature, email, scanned signature, WhatsApp, acceptance of T&Cs online, etc.
Best practices
Oral agreements are avoided: All contracts are either T&Cs that are accepted, or are signed digitally (e.g., with DocuSign) (i.e., text form) or with wet-ink signature (i.e., written form). Even though oral agreements are often valid, it is safer to have a written agreement to be able to prove its content. 
Wet-ink signatures: Transfers of shares and employment agreements are signed with wet-ink signatures (i.e., written form). 
Executed versions: A copy of the executed version of the agreed agreements is stored (digitally and/or physically). 
Read more on the LEXR Blog: 
﻿https://www.lexr.com/en-ch/blog/esignature-switzerland/﻿
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Basics

Limitation of liability

Digital signature

How is a contract concluded and can I sign digitally?

Best practices

Read more on the LEXR Blog:

How do I get this done?