eSignature Legality Guide
eSignature Legality in Italy
Italy, as a member of the European Union, has recognized the legal validity of electronic signatures since 2005, following the implementation of PbEG L 13, which was introduced after the adoption of the EU Directive in 1999.
E-Signature Legality Summary
According to Italian law, a handwritten signature is not always necessary for a contract to be valid—contracts are generally enforceable if competent parties reach an agreement, whether that agreement is made verbally, electronically, or in writing (see Sec. 1321 of the Italian Civil Code). In some cases, parties may need to provide evidence in court to prove the existence of a valid contract. Modern digital transaction management platforms can generate electronic records that are admissible as evidence under Sections 2697 and 2702 of the Italian Code of Civil Procedure, supporting the contract’s existence, authenticity, and acceptance.
Additionally, Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (the “eIDAS Regulation”) became effective on 1 July 2016. The eIDAS Regulation replaced the e-Signatures Directive (1999/93/EC) and is directly applicable in all 28 EU member states.
The eIDAS Regulation is technology-neutral and establishes three categories of electronic signatures (SES, AES, QES). Article 25(1) states that an electronic signature cannot be denied legal effect or admissibility as evidence in legal proceedings solely because it is in electronic form or does not meet QES requirements. Articles 25(2) and (3) grant a QES the same legal standing as a handwritten signature and ensure that a QES recognized in one EU member state is accepted in all others. Recital 49 also allows national laws to specify which type of electronic signature is required in particular situations.
Use Cases for Standard Electronic Signature (SES)
Typical scenarios where a Standard Electronic Signature (SES) is suitable include:
- Human resources documents, such as standard employment contracts, NDAs, employee invention agreements, and privacy notices
- Business contracts between companies, including NDAs, purchase orders, order confirmations, invoices, procurement documents, sales contracts, distribution agreements, and service contracts
- Consumer agreements, 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 (excluding consumer loan agreements)
- Software license contracts
- Intellectual property licenses, including those for patents, copyrights, and trademarks
- Transfers of intangible property, such as assignments of patents and copyrights
Use Cases for Other Types of Electronic Signature (e.g. Digital Signature, AES
Situations where a type of electronic signature other than SES is required include:
- QES - contracts transferring ownership of real estate
- QES - contracts that create, modify, or transfer usufruct rights, surface rights, or rights of the grantor or tenant over real estate
- QES - contracts establishing or modifying rights of use or habitation
- QES - contracts for the enfranchisement of leased land
- QES - contracts for anticresi
- QES - leases of real estate for terms exceeding nine years
- QES - contracts for corporations or associations where parties grant the enjoyment of real property rights for more than nine years or indefinitely
- QES - documents dividing real estate property rights
Use Cases That Are Not Appropriate For Electronic Signatures
Some transactions are specifically excluded from digital or electronic processes and require handwritten (wet ink) signatures or formal notarization.
- Notarial form required - contracts for the purchase or transfer of real property, or related rights (Sec. 1350, Italian Civil Code)
- Notarial form required - certain contracts involving the disposal of corporate assets (Sec. 1350, Italian Civil Code)
- Notarial form required - settlement agreements concerning disputes over the transfer of real property or disposal of corporate assets (Sec. 1350, Italian Civil Code)
- Consumer loan agreements
[1] An AES, or “advanced electronic signature,” is a type of electronic signature that satisfies the following criteria: (a) it is uniquely linked to the signer; (b) it can identify the signer; (c) it is created using means under the sole control of the signer; and (d) it is connected to the signed data so that any changes to that data are detectable.
[2] A QES is a specific form of digital signature that meets government-defined standards, including use of a secure signature creation device, and is certified as ‘qualified’ by the government or an authorized entity.
Local Technology Standards
Italy, as a country with a Tiered eSignature Legal Model, recognizes Qualified Electronic Signatures (QES), which require independent certification by an accredited body. The Agenzia per l’Italia Digitale (“AgID”) serves as the national supervisory authority, as notified to the European Commission under Article 17 of the eIDAS Regulation. AgID oversees qualified trust service providers in Italy through both proactive and reactive supervision, and is also responsible for creating, maintaining, and publishing the national trusted lists. AgID provides a publicly accessible list of supervisory authorities for qualified certificate providers.
DISCLAIMER: The content provided on this website is for general informational purposes only and does not constitute legal advice. Laws and regulations may change rapidly, and DocuSign cannot ensure that all information presented here is up to date or accurate. If you have specific legal questions regarding any information on this site, please consult a qualified attorney in your jurisdiction.
Last updated: November 1, 2019