Under ZertES, a qualified electronic signature (QES) has the same legal effect as a handwritten signature (Art. 14 para. 2bis of the Swiss Code of Obligations). QES requires a qualified certificate from a recognized certification service provider (CSP) and a secure signature creation device (SSCD). The Federal Act distinguishes three signature levels: simple electronic signatures (no specific requirements), advanced electronic signatures (uniquely linked to the signatory, capable of identifying them), and qualified electronic signatures (the highest level, legally equivalent to handwritten).
ZertES is complemented by the VZertES ordinance (SR 943.032), which specifies technical standards, including the requirement for CSPs to be accredited by KPMG or another recognized assessment body under Swiss Accreditation Service (SAS) oversight. Recognized CSPs include Swisscom, QuoVadis, and SwissSign. The interplay between ZertES and the eIDAS Regulation in the EU creates cross-border recognition challenges: a Swiss QES is not automatically recognized under eIDAS, and vice versa, though mutual recognition agreements are progressing.
For contract workflows, ZertES compliance determines which documents can be validly signed electronically. Employment contracts requiring written form (Art. 344a CO), certain real estate transactions, and surety agreements (Art. 493 CO) all demand QES to satisfy the written form requirement electronically.
DocIQ 1.0 (2017-2020) was a certified Swisscom QES partner, integrating qualified electronic signatures directly into document workflows. DocIQ's heritage in ZertES-compliant electronic signatures reflects a deep commitment to legally binding document technology. The same precision that characterizes ZertES compliance (exact standards, auditable processes, and legal equivalence) informs the design of DocIQ Sphere's tracked changes and Shield's anonymization guarantees.