Electronic signatures in Austria

The primary legal acts enabling the use of electronic signatures in Austria are the EU Regulation eIDAS of 2016 on electronic identification and trust services for electronic transactions and the Federal Act on Electronic Signatures and Trust Services (Signatures and Trust Services Act – SVG). The eIDAS Regulation standardises rules on electronic identification and trust services concerning electronic transactions across all EU countries.

Types of electronic signatures

In Austria, as in other EU countries, there are three types of electronic signatures: simple electronic signature, advanced electronic signature and qualified electronic signature.

1. Simple electronic signature

According to the eIDAS Regulation, "an electronic signature means data in electronic form which is attached to or logically associated with other electronic data and which is used by the signatory to sign" [eIDAS, Art. 3]. eIDAS allows various types of data as electronic signatures, provided they are consciously used by an individual (Art. 3, Point 9) to sign content in electronic form and their association with the signed content can be demonstrated.

Additionally, the regulation stipulates that "an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form or does not meet the requirements for qualified electronic signatures" (Art. 25, Point 1 eIDAS).

A simple electronic signature is legally binding and can be used for many agreements without the need to meet additional requirements.

2. Advanced electronic signature

An advanced electronic signature must meet four criteria: 1) it must be uniquely linked to the signatory; 2) it must be capable of identifying the signatory; 3) it must be created using electronic signature creation data that the signatory can, with a high level of confidence, use solely under their control; 4) it must be linked to the data signed in such a way that any subsequent change in the data is detectable.

With an advanced e-signature, Autenti enables you to sign most documents that circulate in business transactions. It complies with the eIDAS regulation and is valid throughout the European Union.

3. Qualified electronic signature

The eIDAS Regulation also defines what constitutes a qualified electronic signature, which is a special form of advanced electronic signature.

A qualified electronic signature is created using a qualified electronic signature creation device and is based on a qualified certificate for electronic signatures (Art. 13, Point 12). The certificate is issued exclusively by qualified trust service providers for a specified period. Autenti collaborates with several qualified trust service providers that offer qualified signatures, which are available via the Autenti Platform. A qualified electronic signature, based on a qualified certificate issued in one Member State, is recognised as a qualified electronic signature in all other Member States.

Furthermore, according to Art. 25, Sec. 2 of the eIDAS Regulation, in conjunction with Art. 4, Sec. 1, Sentence 1 SVG, a qualified electronic signature – with a few exceptions – has the same legal effect as a handwritten signature. In other words, a qualified electronic signature replaces a handwritten signature by the contracting parties.

Which electronic signature to choose?

Depending on the document being signed, the following types of signatures are applicable:

• A simple electronic signature is suitable for:
  - standard employment contracts (except those with apprentices), confidentiality agreements, HR documents related to, among others, onboarding new employees and benefit-related documents;
  - commercial agreements such as confidentiality agreements, purchase orders, order documents, sales agreements, distribution agreements, service agreements;
  - consumer agreements, including – but not limited to – terms of sale, service terms, software licenses, purchase orders, order confirmations, invoices, shipping documentation, user manuals;
  - other agreements, including – but not limited to – rental agreements for residential and commercial premises (with exceptions for, among others: fixed-term rental agreements), service agreements, licensing agreements (trademarks, patents).
  
• A qualified electronic signature is required for:
  - employment contracts with apprentices;
  - agreements concerning the ownership of employee inventions;
  - agreements regarding an independent promise to fulfil an obligation of a third party (warranty statements), if made by individuals outside their commercial, economic or professional activities.