Thomas Moretti, axelity ag
Co-founder and Managing Director of axelity ag | Product strategist of the Swiss signing solution actaSIGN®
Cross-Border Signing in the DACH Region — How It Works
A Swiss company signs a contract with a German partner. The signatories are in Zurich and Munich. The contract should be signed electronically — legally valid in both countries. Sounds straightforward. In practice, it is — provided you understand the legal frameworks and use the right provider.
This article explains how cross-border signing works in the DACH region: Switzerland, Germany, Austria and Liechtenstein — four countries, two legal frameworks, one practical solution.
The Challenge: Different Legal Frameworks
Switzerland: ZertES
In Switzerland, the Federal Act on Certification Services in the Area of Electronic Signatures (ZertES) governs the use of electronic signatures. It defines the three signature levels (SES, AES, QES) and establishes that the QES combined with a qualified timestamp is legally equivalent to a handwritten signature (CO Art. 14 para. 2bis).
Germany and Austria: eIDAS
In Germany and Austria, the eIDAS Regulation (EU) No 910/2014 applies directly. It recognises the same three signature levels. In Germany, BGB Section 126a provides that the QES can replace statutory written form. In Austria, the Signature and Trust Services Act (SVG) refers to eIDAS and regulates national supervision.
Liechtenstein: eIDAS with a Special Position
Liechtenstein, as an EEA member, is obliged to adopt the eIDAS Regulation — and has done so. At the same time, it maintains a customs union with Switzerland and close economic ties. Liechtenstein businesses therefore operate effectively in both legal spheres. The Persons and Companies Act (PGR) contains its own form requirements that should be considered when choosing the signature level.
The Problem: No Formal Mutual Recognition
Although ZertES and eIDAS are structurally similar, there is currently no agreement on mutual recognition of electronic signatures between Switzerland and the EU. A QES created under ZertES in Switzerland is not automatically recognised as qualified in the EU — and vice versa.
On 29 January 2025, the Swiss Federal Council instructed DETEC and the FDFA to draw up a negotiating mandate for mutual QES recognition within one year. Whether and when an agreement will be reached remains to be seen.
The Practical Solution: Dual-Listed Trust Service Providers
The answer to this regulatory gap lies in Trust Service Providers (TSPs) that are recognised under both ZertES and on the EU Trusted List. The most important example: Swisscom Trust Services.
Swisscom Trust Services is:
- Accredited in Switzerland as a recognised certification service provider under ZertES (supervised by KPMG as the conformity assessment body)
- Listed on the EU Trusted List as a qualified Trust Service Provider (via its establishment in Austria)
This means: a QES based on a Swisscom certificate is recognised as qualified both in Switzerland and across the entire EU. This dual recognition makes Swisscom the ideal TSP for cross-border signatures in the DACH region.
Step by Step: Cross-Border Signing with actaSIGN
actaSIGN uses Swisscom Trust Services as its TSP. Cross-border signing works seamlessly:
1. Upload the document
The sender uploads the document to actaSIGN — for example, a contract between a Swiss and a German company.
2. Set the signature level
The signature level is set individually for each signatory. actaSIGN supports mixed signature levels within a single document: the Swiss managing director signs with QES under ZertES, the German partner likewise with QES — based on the same Swisscom certificate that is recognised in both legal jurisdictions.
3. Invite signatories
Signatories receive an email invitation. External signatories do not need an actaSIGN account — they sign directly in the browser, free of charge and without registration.
4. Identification and signature
Depending on the signature level, the signatory's identity is verified:
- SES: Email address
- AES: Email address + mobile phone number
- QES: Strong two-factor authentication via Swisscom Trust Services
5. Qualified timestamp
Every signature is automatically provided with a qualified timestamp — a prerequisite for the legal equivalence of QES with a handwritten signature, under both ZertES and eIDAS.
6. Long-term validation (LTV)
actaSIGN creates signatures with long-term validation. This means the signature remains verifiable and legally valid even after the certificate expires — an important point for contracts with long durations.
The Liechtenstein Special Case
Liechtenstein holds a unique position in the DACH region. As an EEA member, eIDAS applies — signatures based on the EU Trusted List are recognised. At the same time, Liechtenstein maintains close economic and legal ties with Switzerland (customs union, Swiss franc as currency, shared economic area).
For contracts between Liechtenstein and Switzerland, a QES based on a dual-listed TSP like Swisscom is recommended. This covers both legal frameworks (eIDAS and ZertES).
For purely Liechtenstein-German or Liechtenstein-Austrian contracts, an eIDAS-compliant QES suffices, as all three countries fall under the eIDAS framework (Germany and Austria as EU members, Liechtenstein as an EEA member).
Which Law Applies?
In cross-border contracts, the question of applicable law arises. The general principles:
- With a choice of law: The parties can freely agree on the applicable law (in the EU under the Rome I Regulation, in Switzerland under the PILA).
- Without a choice of law: Generally, the law of the country where the party providing the characteristic performance has its seat applies.
Practical tip: For form requirements, it is advisable to meet the stricter standard. If, for example, German law requires written form (= QES under BGB Section 126a) for a particular contract type, but Swiss law does not, you should still sign with QES — this ensures the contract meets form requirements in both jurisdictions.
7 Tips for Cross-Border DACH Contracts
1. Match the signature level to the stricter standard
Check the form requirements in all relevant jurisdictions. Choose the signature level that satisfies the strictest requirement.
2. Use a dual-listed TSP
Use a Trust Service Provider recognised under both ZertES and on the EU Trusted List. This eliminates uncertainty regarding cross-border recognition.
3. Use qualified timestamps
A qualified timestamp is a prerequisite for the equivalence of QES with a handwritten signature — under both ZertES and eIDAS. actaSIGN adds this automatically.
4. Ensure long-term validation
Cross-border contracts often have long durations. Make sure your provider creates signatures with LTV that remain verifiable even after certificate expiry.
5. Include a choice of law clause
Agree in the contract which law applies. This creates clarity and avoids uncertainty when assessing form compliance.
6. Create internal policies for DACH contracts
Define which signature level is required for which contract type with which partner country. A simple matrix saves time and avoids errors.
7. Do not forget external signatories
Not all contracting parties have an actaSIGN account — and they do not need one. actaSIGN allows external signatories to sign directly in the browser, without registration and at no cost.
Conclusion
Cross-border signing in the DACH region is already practical today, despite the absence of formal mutual recognition between Switzerland and the EU. The key lies in using a Trust Service Provider recognised in both legal spheres. Swisscom Trust Services — and by extension actaSIGN — meets this requirement.
Whether Switzerland-Germany, Switzerland-Austria or Liechtenstein-EU: with the right signature level and a dual-listed TSP, you sign across borders with legal certainty — today, and all the more so once mutual recognition is formally established.