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     Glossary ZertES Compliance

    ZestES Compliance



    ZertES Compliance – Swiss law on digital signatures explained

    Digitalisation requires legally valid signatures that can be used consistently across different media. The Federal Act on Electronic Signatures (ZertES) defines standards for electronic signatures, seals and time stamps in Switzerland, creating trust and legal certainty.

    ZertES signatures are mandatory for companies that need to sign digitally or comply with regulatory requirements. This article will explore the various types of signatures and compare the ZertES regulation with eIDAS.

     

    How does the ZertES definition regulate e-signatures in Switzerland?

    Since 2016, the Federal Act on Certification Services in the Field of Electronic Signatures (ZertES) has set out the legal framework for the use of electronic signatures, seals and time stamps. It establishes a national legal framework for reliable electronic identification and authentication in Switzerland.

    This framework is implemented in conjunction with the Ordinance on Certification Services (VZertES). The Federal Office of Communications (OFCOM) is the competent supervisory authority. The main objectives of the Ordinance are to provide legal certainty, technical standards and clear responsibilities.

    It is important to note that: ZertES is not part of the European eIDAS Regulation, but it has a similar purpose. It is the Swiss equivalent of eIDAS and regulates electronic signatures at a national level.

    This legislation is particularly relevant for companies that wish to issue or sign legally binding documents digitally, for instance in the financial sector, insurance industry or when dealing with public authorities. Special requirements apply in these areas to ensure that digital signatures are legally valid.

     

    Types of signatures and their legal effect

    There are four signature levels that ZertES differentiates between. These differ in terms of security and legal validity:

    • Simple electronic signature (EES): A digital signature that does not require any special security measures (e.g. in Adobe Reader). It is sufficient for informal documents, but has little evidential value.
    • Advanced electronic signature (AES): It must be uniquely assignable to a person and tamper-proof. It offers greater security, but is not sufficient for formal written requirements. It is well suited to sales contracts, simple employment contracts and internal agreements where no legal written form is required.
    • Regulated electronic signature (RES): A special form of AES, it is generated in accordance with Article 6 of the ZertES using a secure signature creation device and a regulated certificate, offering increased security.
    • Qualified electronic signature (QES): The highest level of security. The highest level of security. It is legally equivalent to a handwritten signature, provided it is from a provider certified under the Certification of Electronic Signatures Ordinance (ZertES) and the user's identity has been clearly verified. A QES is required for documents that must be in writing, such as credit agreements, rental agreements, employment contracts and audit reports.

     

    Certification services according to ZertES Compliance

    ZertES distinguishes between three types of certified electronic trust service.

    • Electronic signatures: for individuals. Depending on the security level: EES, FES or QES.
    • Electronic seals: are used by legal entities, such as companies, to 'stamp' documents.
    • Electronic time stamps: document when a document was digitally signed and ensure that it has not been altered.

    These services may only be provided by recognised providers who are approved under the Electronic Signature Act (ZertES). Qualified variants (e.g. QES) are particularly subject to strict requirements. In addition to the signature itself, secure hardware components, cryptographic procedures and government agency monitoring also play a central role.

     

    ZertES vs. eIDAS in comparison

    Aspect

    ZertES (Switzerland)

    eIDAS (EU)

    Scope of application

    National law for Switzerland

    EU Regulation, applies in all EU Member States

    Legal status

    Federal Act + Ordinance

    Directly applicable regulation

    Recognition

    QES not automatically recognised in the EU

    QES mutually recognised within the EU, but not in Switzerland

    Technical standards

    Alignment with international standards (e.g., ETSI)

    Same orientation, in part more strictly harmonised

    Competent authority

    Federal Office of Communications (OFCOM)

    National supervisory authorities of the Member States

    Interoperability

    Possible, but not guaranteed

    Regulated within the EU by eIDAS

     

    When conducting cross-border business, it is advisable to consider the signature requirements of both parties. To do so, companies require a reliable partner who can navigate international regulatory requirements.

     

    PXL Vision & ZertES: Digital Identity Verification with System

    PXL Vision combines identity verification with a secure e-signature solution to deliver a ZertES-compliant signing process up to the Qualified Electronic Signature (QES) level. With PXL Sign, organizations can implement seamless, browser-based onboarding journeys – from digital identification to legally valid signature, without any media disruption.

    Typical Use Cases:

    • AML-compliant customer onboarding / digital onboarding for new clients

    • Legally binding contract signing in the insurance and financial industry

    • Fully digital account opening processes



    Legally Valid Digital Signatures: Ensuring Compliance in Switzerland

    For companies operating in Switzerland or working with Swiss partners, ZertES compliance is a key element of secure digital business processes. It enables legally valid electronic signatures – from simple agreements to highly regulated transactions.

    With PXL Vision’s solutions, businesses can efficiently combine identity verification with digital signature workflows. This ensures trust, meets regulatory requirements, and accelerates digital transformation across industries.

    FAQ: Frequently asked questions about ZertES

    What is the difference between ZertES and eIDAS?

    ZertES is the Swiss signature law, while eIDAS is its counterpart in the EU. Both define types of electronic signatures, but they are not automatically mutually recognised.

    When is a Qualified Electronic Signature (QES) required?

    Whenever the law requires a handwritten signature, for example in the case of loan agreements. If processes are to take place digitally, this can only be implemented and ensured with a Qualified Electronic Signature (QES).

    What role does the electronic timestamp play?

    It records the time of the signature and protects against tampering. For important documents, it can also enhance evidential value.

    Which providers are certified in Switzerland?

    Only providers recognised by the Federal Office of Communications (BAKOM) are allowed to offer qualified signatures, seals, or timestamps in accordance with ZertES. An up-to-date list of these recognized certification service providers is available from the Swiss Accreditation Service (SAS).

    Do you need support with complying with the ZertES law?