E-signature Legality in Austria
Electronic signatures are valid in Austria. As a member state of the European Union (EU), Austria follows eIDAS, or Regulation (EU) No 910/2014, which regulates how countries in the EU handle electronically signed documents. The eIDAS Regulation replaced the e-Signatures Directive (1999/93/EC) in July 2016.
Under eIDAS, there are different types of e-signatures, including “standard” electronic signatures, “advanced” electronic signatures, and “qualified” electronic signatures. Each of these types of electronic signatures has its own requirements. eIDAS affects individuals, companies, and public entities, and covers many different types of transactions.
In addition, the Signature and Trust Services Act (Signatur- und Vertrauensdienstegesetz, or SVG) is the e-signature law in Austria that implements the eIDAS and customizes its provisions at the national level.
A document with an e-signature is legally valid and can be admissible in court if it follows all the provisions in the EU and Austrian e-signature laws.
In Austria, handwritten signatures are required in certain situations, such as for documents that must be signed in front of a notary public, but a qualified electronic signature (QES) from a trusted provider can be an acceptable substitute when necessary. In addition to the eIDAS, Austria follows the standards of the European Telecommunications Standards Institute (ETSI), which spells out what makes a QES legally binding.
When government entities want to issue official documents, the eIDAS Regulation requires them to use the advanced electronic signature (AES), which is considered an official administrative signature. Overall, Austria accepts the simple electronic signature (SES), AES, and QES as valid signatures. However, seek legal guidance to ensure you use the correct method.
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