eSignature Legality Guide

None.

Examples of documents where a Standard Electronic Signature (SES) is generally suitable include:

• Human resources documents, such as employment contracts, NDAs, employee invention agreements, privacy notices, termination notices, benefits forms, and other onboarding paperwork for new employees
• Commercial contracts between companies, including NDAs, purchase orders, procurement documents, sales agreements, order acknowledgements, invoices, distribution agreements, and service agreements
• Consumer contracts, such as documents for opening new retail accounts, sales terms, service terms, software licenses, purchase orders, order confirmations, invoices, shipping documents, user manuals, and policies
• Real estate documents, including lease agreements (except for termination notices under residential leases), purchase and sale contracts, and other related paperwork for residential and commercial properties
• Transfers of intangible property, such as copyright licenses
• Licenses for intellectual property, including patents, copyrights, and trademarks
• Software license agreements

Situations where a type of electronic signature other than SES may be required include:

• AES or QES – documents specified in Section 478 of the Danish Administration of Justice Act
• AES or QES – documents specified in Section 7 of the Danish Land Registration Act (“Tinglysningsloven”)
• AES or QES – certain loan agreements as outlined in section 36 of the Danish Act on Credit Agreements (“Kreditaftaleloven”)

Certain documents are specifically excluded from digital or electronic processes, or require explicit procedures such as handwritten (wet ink) signatures or formal notarial acts, which are generally not compatible with electronic signatures or digital transaction management.

• Transfers or licenses of author rights signed by the original rights holder

[1] An AES, or “advanced electronic signature,” is a type of electronic signature that must: (a) be uniquely linked to the signer; (b) be capable of identifying the signer; (c) be created using means under the sole control of the signer; and (d) be connected to the signed data so that any changes can be detected.

[2] A QES is a specific form of digital signature that meets government requirements, including the use of a secure signature creation device, and is certified as ‘qualified’ by the government or an authorized entity.

As a country with a tiered eSignature legal model, Austria recognizes the QES (Qualified Electronic Signature) concept, which requires independent accreditation by an approved certification body. While QES is only mandatory for certain transactions, Austria, as an EU member, follows ETSI (European Telecommunications Standards Institute) standards for QES technical requirements. Austria is also among the few countries where an AdES (Advanced Electronic Signature) can sometimes substitute for a QES. An AdES does not require approval from an Austrian certification body but must use digital signature technology and may need to meet certain ETSI certifications. Austria, along with other EU countries, maintains a public list of authorized qualified electronic certificate providers.