Types of electronic signatures and certificates
Different types of electronic signatures are used in both official and business contexts. The key qualitative distinction lies in whether an electronic signature is regulated under the Federal Act on Electronic Signatures (ESigA) or not.
Regulated signatures
operate within the trust infrastructure established by the ESigA. They are governed by detailed legal provisions, can only be issued by recognised certification service providers, and require the certificate holder’s identity to be carefully verified. Consequently, their properties – in particular the identity of the signatory and the type of electronic signature – can be fully verified and confirmed using the Validator. For this reason, certified signatures carry a very high degree of probative value. Regulated electronic signatures include, in particular:
- Qualified electronic signatures (QES) – issued to a natural person (i.e. a human being)
- Regulated electronic seals – issued to a UID-registered entity (e.g. a company or public authority)
- Qualified electronic timestamps
In Switzerland, a qualified electronic signature combined with a qualified electronic timestamp is legally equivalent to a handwritten signature (Art. 14 para. 2bis Swiss Code of Obligations) and is recognised, for example, when submitting documents to public authorities.
The regulated electronic seal is particularly suitable for the automated creation of documents that need to be attributed to a legal entity, as required for the mass mailing of letters or the publication of regulations, for example.
Unregulated electronic signatures
in contrast, operate outside the ZertES trust infrastructure. There are no legal requirements or binding guidelines governing these electronic signatures, which is why no general comments can easily be made about their characteristics. The Validator can only check their characteristics to a very limited extent: The identity of the signatory cannot be verified, the type of certificate used cannot be determined, and the validity of the certificate at the time of signing cannot be reliably established. Consequently, the evidential value of these electronic signatures is significantly lower. Examples of unregulated electronic signatures include those marketed under names such as ‘advanced electronic signatures’ (AES) or ‘simple electronic signatures’ (SES).