What is the difference between a digital signature and an electronic seal?

A digital signature (or qualified electronic signature, QES) is applied by a natural person, an individual, to authenticate their identity and intent. Under eIDAS Art. 25, a qualified digital signature has the equivalent legal effect of a handwritten signature. An electronic seal (qualified electronic seal, QESeal) under eIDAS Art. 35 is applied by a legal person, a company or organisation, to authenticate documents and prove their origin. A qualified electronic seal is not equivalent to a signature (no individual identity), but it is presumed to guarantee the integrity of the document and its origin from the issuing legal entity. For IP protection where a company is the rights-holder, an electronic seal is more appropriate than a personal signature.

When should a company use an electronic seal instead of an electronic signature?

Use an electronic seal when the authenticating party is the organisation itself, not a specific individual within it. Common use cases: automated document authentication (invoices, certificates, regulatory filings, bulk timestamping workflows), proving documents originate from a specific company in disputes, sealing contracts or IP documentation where the organisation is the rights-holder. Use an electronic signature when a specific natural person must be identified and bound, for example contract signing by a named director, regulatory filings requiring individual accountability. For sealing large volumes of IP documentation (code releases, design batches, research outputs), an electronic seal offers the legal integrity guarantee of Art. 35 without requiring individual identity verification.

Is an electronic seal legally binding in Switzerland?

Yes. Switzerland's ZertES (SR 943.03) and its implementing ordinances recognise electronic seals equivalent to those under eIDAS. A qualified electronic seal from a recognised Swiss certification service provider (accredited under BAKOM/OFCOM) creates a legal presumption that the sealed document is authentic and has not been altered since sealing. For Swiss companies using electronic seals on contracts, certificates, or IP documentation, this seal provides strong legal protection in Swiss cantonal courts and is recognised in EU proceedings due to the alignment between ZertES and eIDAS standards.

What is a qualified electronic timestamp and how does it relate to digital signatures?

A qualified electronic timestamp is distinct from both digital signatures and electronic seals. It does not authenticate identity or organisational origin but proves that specific data existed in a specific form at a specific date and time. Under eIDAS Art. 41(2), a qualified electronic timestamp carries a legal presumption of accuracy. It is bound to data using a qualified electronic signature or seal by the QTSP, which means it contains cryptographic integrity proof. For IP protection, a qualified electronic timestamp is often more appropriate than a signature or seal: you are proving creation date, not signing a contract. No counterparty is required, you can timestamp your own documents unilaterally.

Can an electronic seal replace a notary for document authentication in Switzerland?

In Switzerland, traditional notarization (public notary) fulfils specific legal requirements set by cantonal law, particularly for real estate transactions, company formations, and certain family law documents. An electronic seal from a qualified provider does not replace notarization for these statutory requirements. However, for the vast majority of business documents that do not legally require notarization, such as contracts, IP certificates, certifications, and regulatory compliance documentation, a qualified electronic seal from a ZertES-recognised provider offers equivalent authentication and integrity guarantees, at significantly lower cost and with instant digital processing. This is why qualified electronic seals and timestamps are rapidly replacing notarization for business-to-business IP and compliance workflows.

Standards Compliance

电子签名与电子签章：法律效力有何不同？

Philipp Stuppnik · Co-Founder & IP Strategy

2026年6月3日 7 分钟阅读最后更新 2026年9月8日

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In short

在 eIDAS 和 ZertES 之下，电子签名与电子签章的法律效力并不相同。本文说明保护知识产权该用哪一种，签署合同又该用哪一种。

2025年2月，一家位于苏黎世的支付初创公司的首席技术官使用DocuSign与一位专业承包商签署了保密协议，随后分享了公司的核心身份验证算法。项目按时交付。九个月后，该承包商注册了一款几乎相同的产品。公司律师提出了两个问题：这份保密协议是以合格电子签名还是仅以高级签名执行的？算法在披露前是否用合格时间戳进行了封存？两个问题的答案都是否定的。

这些工具之间的区别由eIDAS法规EU 910/2014和瑞士ZertES SR 943.03规定。电子签名和电子印章是具有不同目的、不同法律效力和不同技术要求的不同法律工具。选择错误的工具可能导致文件在法律上不充分，或比实际需要更为复杂。

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