Demystifying electronic signatures
Electronic signatures are digital versions of your signature that indicate your agreement with the contents of a document or contract when you sign it online. They provide a hassle-free way to sign documents remotely, eliminating the need for physical paperwork and facilitating faster and more streamlined transactions.
E-signatures are legally binding for a variety of purposes and can be typed, drawn on the screen of an electronic device, or uploaded from your desktop. This modern alternative to "wet" signatures has been adopted across the world because it empowers individuals and businesses to sign documents online in a legal, secure, and efficient way.
Driving business growth with e-signatures
With virtual transactions now being the norm, there’s been a seismic shift from traditional ink signatures to electronic signatures. Switzerland, being one of the first European countries to embrace e-signatures, has modernised business workflows and fostered a competitive edge in today's digital economy. Zoho Sign, a digital signature solution, offers heightened security and global accessibility while ensuring compliance with Swiss regulations. The adoption of Zoho Sign can help businesses achieve optimal performance by ticking crucial boxes such as:
- Speed
- Productivity
- Authentication
- Security
- Remote access
- Improved user experience
- Cost-effectiveness
Industries pioneering the digital shift
- Banking and Finance
- Healthcare
- Education
- HR
- Retail and e-commerce
- Legal and contract management
- Supply chain management
- Government services
- Technology and IT
Switzerland's e-signature landscape
Switzerland's foray into the digital signing space has enabled the streamlining of business, government, and legal affairs. Recognised under the Federal Law on Electronic Signatures, e-signatures offer a secure and efficient means of signing documents remotely. Zoho Sign stands as a cornerstone in facilitating legally binding transactions across various domains, driving progress and innovation in the Swiss region.
Federal Law on Electronic Signatures (ZertES)
The law, more popularly known as ZertES, recognises four types of electronic signatures with different levels of credibility: Simple, Advanced, Regulated, and Qualified Electronic Signatures.
Simple Electronic Signature (SES):
Data in electronic form that is attached to, or that is logically related to, other electronic data and which aims to authenticate such data.
Advanced Electronic Signature (AES):
An Electronic Signature that complies with these requirements:
- It's uniquely assigned to the owner.
- It allows the owner to be identified.
- It's created using means that only the owner can control.
- It's linked to the related data in a way that any changes to the data can be identified.
Regulated Electronic Signature (RES):
An Advanced Electronic Signature that is:
- Created using a secure signature creation device that is associated with the generation, storage, and use of cryptographic keys and;
- Based on a regulated certificate and valid at the time the electronic signature is generated.
Qualified Electronic Signature (QES):
A RES that's based on a qualified certificate issued by an accredited certification service provider.
Legal standing of Electronic Signatures in Switzerland
As per the Swiss Civil Code, a QES, when accompanied by a qualified timestamp and a qualified certificate from a recognised certification service provider, holds the same legal weight as a handwritten signature in Switzerland. Only Qualified Electronic Signatures are explicitly recognised as being equivalent to handwritten signatures. In cases where a handwritten signature isn’t required, other forms of electronic signatures can be used.
Providers of certification services
A certification service provider (CSP) is an entity that verifies information in an electronic landscape and issues digital certificates for this motive. The CSPs provide or issue digital signature certificates to the end users.
The recognised CSPs are accredited by the root certification authority called the Swiss Accreditation Body (SAS), which operates under the State Secretariat for Economic Affairs (SECO). You can find the list of recognised CSPs here.
Types of digital signature certificates
Digital certificate:
A digital certificate that assigns the public key of an asymmetric cryptographic key pair to its holder.
Regulated certificate:
A digital certificate that meets the requirements under Article 7 of the ZertES and is issued by a CSP recognized by the law. A regulated certificate can be issued to an individual or a unique identifier (UID) entity. It’s a document that ensures the secure use of cryptographic keys in electronic activities. It includes key details about the certificate owner, the associated keys, the validity period, and the organization issuing the certificate.
Qualified certificate:
A regulated certificate that meets the requirements of Article 8 of ZertES.
The primary distinction between a QES and a RES lies in their applicability. A QES pertains exclusively to natural persons, while a RES applies to natural persons as well as legal entities. Moreover, only a QES holds the legal status of being considered equivalent to a handwritten signature.
Zoho Sign + Swisscom
A QES is the most secure electronic signature that is bestowed with the legal status of a traditional wet signature. It's based on qualified digital certificates issued by certification service providers. It's legally valid in the court of law and complies with ZertES that regulates the use and acceptance of electronic signatures.
Zoho Sign integrates with Swisscom, a certification service provider recognised in Switzerland, which facilitates electronic signing, identification, and authentication. Signers can digitally affix a QES after identity verification. At the time of signature, Swisscom adds a timestamp to the document for validation purposes.
With this integration, users can enjoy top-tier security in addition to seamless efficiency. The intuitive interface and robust features of Zoho Sign, coupled with the trusted encryption and authentication services of Swisscom, can preserve the integrity of your documents throughout the signing process. To learn more, visit our Zoho Sign and Swisscom integration page.
Zoho Sign: Ensuring compliance with Swiss e-signature laws
For businesses in Switzerland, Zoho Sign offers a seamless and secure electronic signature solution that complies with the Swiss Federal Law on Electronic Signatures (ZertES) and the Swiss Civil Code. Its advanced features guarantee the legal validity and security of all your digital transactions, as outlined below.
Identification and reliability:
Zoho Sign's integration with Swisscomm ensures that the signature is uniquely identifiable and securely linked to the signatory. This process employs advanced verification techniques to validate the authenticity of the signature, ensuring a higher level of trust and security in your digital transactions.
Sole control over the data used for the signature:
Only the signatory is allowed to review the document before signing and reject the document if necessary.
Detectable alterations:
Zoho Sign ensures any alterations to the electronic signature or the document to which the signature is affixed are detectable through an elaborate audit trail of occurrence of all activities during the signing process. This audit trail comprises critical information such as the identity of the signatory, the timestamp of the signature, and changes made to the document.
Enhanced security:
Zoho Sign employs robust encryption protocols, such as the military grade AES-256 encryption at rest and the TLS/SSL protocol in transit, to ensure that the data transmission between the signing platform and the data being signed is secure. This prevents exposure of documents and data from data breaches.
Document timestamping
A digital timestamp is a digitally signed notation that is appended to the electronic data, digital signature, or certificate that indicates that certain digital data exists at a certain point in time. This process securely binds the date and time to the document, ensuring its authenticity and integrity.
Zoho Sign partners with recognised timestamping authorities, GlobalSign and Seiko, to provide trusted digital timestamps for commercial transactions. These timestamps validate the authenticity of e-signatures and verify that the signed document existed in the given form at the time of signing and remains unaltered, adding a robust layer of security to the signing process. By making signatures tamper-proof, digital timestamps enhance the reliability of signed documents for both legal and commercial purposes.
Conclusion
E-signatures are a strategic imperative for businesses in a digital-first world. Their efficiency, security, and versatility have led to a transformative impact on various industries. Zoho Sign's compliance with Switzerland's e-signature regulations can be a valuable tool for Swiss businesses seeking to simplify their legal processes and drive success in the digital age.
Resources
Disclaimer
The information provided in this document is for general informational purposes only and shall not be construed as legal, regulatory, or any other form of professional advice. Zoho Sign disclaims any liability for any error in the information provided herein. We recommend that you consult your legal counsel for any questions that you may have in this regard.