Sign contracts digitally in Germany: legal validity and practical guidance

In Germany, you may generally sign contracts in any form, including digitally. For the vast majority of commercial contracts, an advanced electronic signature (AES) – which you can create using signotec solutions – is sufficient. Only where the law expressly requires the written form – for example, in the case of fixed-term employment contracts or consumer loans – is a qualified electronic signature (QES) necessary. Only certain types of declarations, such as notices of termination or private guarantees, are entirely excluded from the electronic format.

A digitally signed contract is created without the need for printing, posting or scanning documents back – often within minutes rather than days. HR teams send out employment contracts directly from the applicant management system; the sales and procurement teams finalise framework agreements during the same meeting; and the logistics team confirms delivery notes immediately at the terminal. The business benefits: shorter processing times, fewer media breaks and comprehensive documentation of who signed which document and when.

Yes, provided you do not overlook any statutory requirement for the contract to be in writing. Most contracts are not subject to any formal requirements: a contract is concluded simply by mutual declarations of intent, regardless of the medium chosen. Furthermore, under Article 25 of the eIDAS Regulation, an electronic signature must not be denied legal effect solely on the grounds that it is in electronic form. What matters, therefore, is not whether you sign digitally, but the level of the signature.

The eIDAS Regulation distinguishes between three levels: the simple electronic signature (SES), the advanced electronic signature (AES) and the qualified electronic signature (QES). Only the QES is legally equivalent to a handwritten signature and can replace the statutory written form, insofar as the electronic form is permissible in the first place. For example, a biometrically captured AES is sufficient for quotations, sales contracts, framework agreements, delivery notes and most employment contracts and addenda in accordance with the NachwG. A QES, on the other hand, is required where the law expressly stipulates the written form – for example, in the case of fixed-term employment contracts under Section 14(4) of the TzBfG or consumer loan agreements under Section 492 of the BGB. For residential tenancy agreements with a term of more than one year, Section 550 of the BGB stipulates the written form; if this form is not observed, they are deemed to have been concluded for an indefinite period. For commercial tenancies, the text form is sufficient under Section 578 of the BGB. Two exceptions remain in all cases: the termination of an employment contract under Section 623 of the BGB must still be done by hand; electronic form is completely excluded here. The same applies to a guarantee declaration by a private individual under Section 766, second sentence, of the BGB. A comprehensive overview of all signature levels is provided in the article ‘A comparison of signature levels: simple, advanced and qualified electronic signatures’.

signotec supports both signature methods. For local AES processes at the workplace – such as when concluding contracts at reception or in the HR office – signoSign/2 is used in combination with a signotec signature pad: The signatory signs on the pad; the software records pressure, speed, time and acceleration, and cryptographically links the signature to the document. For location-independent contract signings and for contracts requiring a QES, use signoSign/Universal: The contracting party receives a link, verifies their identity as required and signs in their browser; the software only involves a qualified trust service provider for QES – this is not necessary for a simple remote AES. The ‘Signature Pads for Businesses’ buying guide shows which pad model is suitable for your on-site contract signing.

• HR: Permanent employment contracts, supplementary agreements and onboarding documents can be concluded using FEAESfixed-term employment contracts require QES, whilst notices of termination are excluded from the electronic format.
• Sales: Customers sign quotations, framework agreements and service contracts directly during a meeting or via a link, without any disruption to the process.
• Purchasing and Logistics: Delivery notes, order confirmations and goods receipts are recorded at the terminal and are immediately available in the system.

Is a digitally signed contract enforceable in court?

Yes. Under Article 25 of the eIDAS Regulation, an electronic signature may not be rejected as evidence solely on the grounds of its electronic form. In the event of a dispute, the decisive factor is the level of assurance achieved by the signature.

Is a simple electronic signature sufficient for a contract?

For transactions not subject to any formal requirements, a simple electronic signature may suffice, but it carries little evidential value. For most commercial contracts, at least an advanced electronic signature (AES) is recommended.

When is a qualified electronic signature (QES) absolutely necessary for a contract?

Where the law expressly requires the written form and permits the electronic form, for example in the case of fixed-term employment contracts under Section 14(4) of the German Part-Time and Fixed-Term Employment Act (TzBfG) or consumer loans. For longer-term residential tenancy agreements, Section 550 of the German Civil Code (BGB) governs the consequences of a defect in form; for commercial tenancies, the text form is sufficient.

Can I sign a notice of termination digitally?

No. The termination of an employment contract under Section 623 of the German Civil Code (BGB) must be signed by hand; electronic form is not permitted in this case.

How quickly can a digital signature process be implemented?

With signoSign/2 and a signature pad, a local AES process is usually up and running within a few days. For remote signature processes, signoSign/Universal is ready for use without any further requirements; only if a QES is also required is it necessary to connect to a qualified trust service provider.

For most business processes, it is already legally compliant to sign contracts digitally using an advanced electronic signature. It is crucial to check in advance whether a legal requirement for written form applies, and then to select the appropriate level of signature. With signoSign/2, signoSign/Universal and the corresponding signature pads, signotec offers all the components needed to conclude contracts in a legally compliant and paperless manner in areas such as HR, sales and procurement.