Administrative proceedings

Art. 34 para. 1bis of the Federal Act of 20 December 1968 on Administrative Procedure (Administrative Procedure Act, APA; SR 172.021) only states that decisions issued in electronic form must have an electronic signature in accordance with the Federal Act of 18 March 2016 on Electronic Signatures (ESigA, SR 943.03) and that the Federal Council shall set out the type of signature to be used (at the level of an ordinance).

Since 1 July 2022, Article 9 paragraph 4 of the Ordinance of 18 June 2010 on Electronic Communication in Administrative Proceedings (ECAPO, SR 172.021.2) requires that decisions and invoices similar in nature to a decision in electronic form shall either receive a qualified electronic signature or a regulated electronic stamp, according to the choice of the unit responsible in the Federal Administration. Article 9 paragraph 5 has been deleted without replacement.

This new, much more flexible regulation allows the widespread use of regulated electronic stamps in the Federal Administration.

Data entered electronically in the Federal Administration must be given a qualified electronic signature if the person entering the data is not identified in some other way.