Electronic signature laws and validity in Austria

Wondering if your electronic signature is legally binding in Austria? Explore Austria’s approach to eSignatures and discover everything you need to know to keep your documents legally binding.

Does Austria comply with eIDAS?

Yes, Austria fully complies with eIDAS. As a member of the European Union, Austria follows the eIDAS Regulation (EU No. 910/2014), the eIDAS Regulation (Electronic Identification, Authentication and Trust Services), which is the EU-wide rulebook for electronic signatures and digital identity.

eIDAS ensures that electronic signatures and online identification operate the same way across all member countries. It came into effect in 2016 and sets standards for how electronic signatures should work, how secure they need to be, and how they should be legally recognized.

To implement eIDAS at the national level, Austria introduced the Austrian Signature and Trust Services Act (Signatur- und Vertrauensdienstegesetz; SVG). This law implements eIDAS in Austria and provides additional regulations specific to the country. Put simply, it outlines the conditions under which electronic signatures are considered legally binding in Austria.

For Austrians, this means your electronic signatures have solid legal backing. The regulation defines three types of eSignatures (simple, advanced, and qualified), with qualified electronic signatures (QES) having the same legal status as handwritten signatures throughout the EU.

What's great about Austria following eIDAS is that your Austrian eSignatures will work seamlessly in other EU countries. If you sign a contract with a QES in Austria, it's automatically recognized in places like Germany, Finland, or France. This makes doing business across European borders much easier and faster.

Are electronic signatures permissible in Austrian court? 

Yes, electronic signatures are definitely permissible in Austrian courts. Thanks to Austria's compliance with eIDAS, courts recognize eSignatures as valid evidence in legal proceedings.

In fact, a QES has the same legal weight as handwritten signatures in Austrian courts. This means contracts or documents signed with a QES are automatically accepted as legitimate without requiring additional proof of authenticity.

For simpler forms of electronic signatures (like signing in Word), courts will still accept them as evidence. However, you might need to provide additional proof that the signature is genuine and that the person intended to sign the document.

The court will look at factors like how the signature was created, how secure the process was, and whether there's evidence the right person actually signed it.

How to choose the right electronic signature for your needs

Choosing the right electronic signature in Austria depends on security requirements, legal enforceability, and the nature of the transaction. While all electronic signatures are legally valid under eIDAS, only QES hold the same legal weight as handwritten signatures.

A Simple Electronic Signature (SES) is the most basic form and is suitable for low-risk transactions. It includes scanned signatures, typed names, or clicking “I agree” on a website. While legally valid, SES offers little security or identity verification, making it easier to dispute in legal settings.

An Advanced Electronic Signature (AdES) provides greater security by linking the signature uniquely to the signer and ensuring the document cannot be altered after signing. AdES requires stronger authentication, such as cryptographic keys or biometric verification, making it more reliable than SES. 

A QES offers the highest level of security and legal certainty. It’s legally equivalent to a handwritten signature in Austria and the EU and is issued by a Qualified Trust Service Provider (QTSP).

A QES provides strong identity verification and encryption, making it the safest option for high-value contracts, government filings, corporate transactions, and cross-border agreements. In Austrian courts, a QES is automatically presumed valid, shifting the burden of proof to anyone who challenges its authenticity.

How do Austria’s laws compare to neighbouring countries?

Austria's e-signature laws follow the EU's eIDAS rules, so they're essentially the same as other EU countries. But even with this shared framework, there are some interesting differences in how neighboring countries handle eSignatures.

Germany also follows eIDAS but has been a bit more cautious about digital signatures. While qualified electronic signatures are legally valid in both Austria and Germany, the Germans have been slower to use them in everyday business. Austria, on the other hand, has had its national digital signing system (formerly called Handy-Signatur, now ID Austria) for years, making eSignatures more accessible to everyone.

Switzerland is not in the EU and marches to its own beat with its ZertES framework for eSignatures. It's similar to eIDAS but operates separately, which means Austrian qualified eSignatures are not automatically recognized in Switzerland. If you are doing business across these borders, you might need to check if your eSignature provider works in both places.

Italy and Slovenia follow eIDAS just like Austria does, but Italy is stricter about certain contracts. Some agreements that you can sign electronically in Austria still need a notary or pen-and-paper signature in Italy, especially in finance and real estate.

Overall, Austria is ahead of many of its neighbours when it comes to digital signatures. The country's long-standing use of national digital identity systems and how well eSignatures are integrated into public services puts Austria at the forefront of digital transactions in the region.

Are there any instances when you are not allowed to use an eSignature?

While electronic signatures are legally valid for most contracts in Austria, some documents still require a handwritten signature or notarization due to legal formalities. These exceptions typically involve witness requirements, registration processes, or high-risk transactions where additional legal safeguards are necessary.

• Wills and inheritance documents – Austrian law requires wills to be signed in the presence of witnesses, making electronic signatures invalid.
• Marriage and prenuptial agreements – These contracts must be signed in writing and formally registered, requiring a wet-ink signature.
• Notarized documents and apostilles – Any document that must be notarized or legalized with an apostille cannot be signed digitally.
• Certain real estate transactions – Property transfers and mortgage agreements must often be signed in person or via a notary.
• Power of attorney documents – In many cases, granting power of attorney requires a handwritten signature and/or notarial certification.
• Documents requiring witnesses – If a contract explicitly requires in-person witnesses, an electronic signature alone is not sufficient.

While Austria continues to expand the use of electronic signatures, certain legal and regulatory requirements still require wet-ink signatures or in-person authentication. Make sure to double check whether a specific contract or transaction allows digital signing before proceeding.

A brief history of electronic signature usage in Austria

Austria has been ahead of the curve with electronic signatures and was one of the first European countries to regulate their use. They introduced their first digital signature law back in 1999, long before the EU created its eIDAS regulation in 2014. 

In 2000, Austria launched Handy-Signatur, a mobile-based system that let people sign contracts and verify transactions online. This became incredibly popular, especially as the government started using it for public services. By the early 2010s, Austrians could use Handy-Signatur for filing taxes, signing legal documents, and securely accessing their medical records.

Austria's current e-signature system took shape when the EU's eIDAS rules kicked in during 2016. To match these EU standards, Austria replaced its original law with the Signature and Trust Services Act (SVG). This law officially recognized the three types of electronic signatures (Simple, Advanced, and Qualified) and set up rules for qualified trust service providers.

In 2022, Austria replaced Handy-Signatur with ID Austria, a more sophisticated digital identity system with stronger security and better connections to EU-wide identification services. Today, Austria remains one of Europe's digital leaders, with eSignatures playing a major role in business, government, and financial transactions.

Recent court decisions on electronic signatures in Austria

Several recent court decisions have shaped electronic signature usage in Austria. For example, in 2021, the Austrian Federal Administrative Court (Bundesverwaltungsgericht, BVwG) held that the decision by the Austrian Federal Railways (Österreichische Bundesbahnen, ÖBB) to accept the electronically submitted offer from the Swiss company Stadler Rail AG was invalid due to non-compliance with the requirement of using a QES. 

Leading providers of electronic signatures in Austria

Austria has several trusted electronic signature providers that comply with eIDAS and national regulations. Whether businesses need Simple, Advanced, or QES (SES, AdES, QES), these providers offer secure and legally valid solutions. Below are some of the most widely used eSignature platforms in Austria, including Juro.

• Juro – A contract automation platform that provides secure, eIDAS-compliant electronic signatures for business agreements and legal documents.
• A-Trust GmbH – Austria’s leading Qualified Trust Service Provider (QTSP), which is responsible for issuing ID Austria digital signatures.
• PrimeSign – A qualified digital certificates provider that offers high-security electronic signing solutions.
• DocuSign – A global eSignature provider that supports eIDAS-compliant digital signing for businesses operating in Austria.
• Sproof – An Austrian startup providing user-friendly, legally compliant electronic signature solutions for businesses.

Using any one of the providers listed above will ensure your eSignatures comply with Austrian laws. 

Frequently asked questions

Are electronic signatures legally binding in Austria?

Yes. Under eIDAS and Austrian law, electronic signatures are legally valid for most agreements. A QES is legally equivalent to a handwritten signature.

Which type of electronic signature is most secure?

A QES offers the highest level of security and legal certainty. It is issued by a Qualified Trust Service Provider (QTSP) and ensures strong identity verification.

Can all contracts be signed electronically in Austria?

No. Some documents – such as wills, prenuptial agreements, notarized documents, and certain real estate contracts – still require a handwritten signature or in-person notarization.

Are electronic signatures admissible in Austrian courts?

Yes. Electronic signatures are legally recognized as evidence in Austrian courts. A QES is automatically presumed valid, while other types may require additional proof.

Do Austrian electronic signatures work in other countries?

Yes. Under eIDAS, an Austrian QES is legally valid across the EU and EEA. However, for Switzerland or non-EU countries, additional verification may be required.

What is ID Austria, and how does it relate to eSignatures?

ID Austria is Austria’s national digital identity system, replacing Handy-Signatur. It allows citizens and businesses to sign legally binding documents electronically with a QES.

Will Austria’s eSignature laws change in the future?

Yes. Austria is preparing for eIDAS 2.0, which will introduce European Digital Identity Wallets, further integrating electronic identification and trust services across the EU.

Juro is not a law firm and this article should not be relied on as legal advice.