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ZertES

ZertES is the Acronym for Federal Act on Electronic Signatures

A Swiss federal law, ZertES ensures legal certainty in digital transactions by establishing a tiered framework for electronic signatures. It aligns closely with the European Union’s eIDAS regulation but applies specifically within Switzerland. The law categorizes electronic signatures into four types based on security and legal requirements: Simple Electronic Signature (SES), Advanced Electronic Signature (AES), Regulated Electronic Signature (RES), and Qualified Electronic Signature (QES).

Types of Electronic Signatures

ZertES defines four types of electronic signatures, each with specific characteristics and use cases.

  • Simple Electronic Signature (SES): Basic digital formats like an email signature or scanned image. Used for low-risk, informal agreements.
  • Advanced Electronic Signature (AES): Uniquely links to the signer, ensures their sole control, and detects any subsequent changes to the document. Ideal for standard commercial contracts.
  • Regulated Electronic Signature (RES): An advanced signature specific to Switzerland that uses a regulated certificate and a secure signature-creation device.
  • Qualified Electronic Signature (QES): The highest security level. Issued by accredited Swiss trust service providers and combined with a qualified time stamp, a QES is legally equivalent to a physical, handwritten signature under Swiss law.

Legal Framework and Compliance

ZertES establishes the legal framework for electronic signatures in Switzerland, ensuring compliance with international standards.

  • Alignment with eIDAS: ZertES closely aligns with the European Union’s eIDAS regulation, providing a similar level of legal certainty for digital transactions.
  • Trust Service Providers: The law accredits Swiss trust service providers to issue qualified electronic signatures, ensuring the highest level of security and legal recognition.

Use Cases

The different types of electronic signatures under ZertES cater to various legal and commercial needs.

  • SES for Informal Agreements: Simple Electronic Signatures are suitable for low-risk, informal agreements where legal certainty is not a primary concern.
  • AES for Commercial Contracts: Advanced Electronic Signatures provide a higher level of security and are ideal for standard commercial contracts.
  • RES for Specific Requirements: Regulated Electronic Signatures are used for specific requirements within Switzerland, ensuring compliance with local regulations.
  • QES for High-Value Agreements: Qualified Electronic Signatures are mandatory for contracts that require strict statutory written form, such as employment or high-value financial agreements.