Use of another eSignature Solution

During contract negotiations, the contractual partner’s authorized signatories should always be invited to use UZH’s Skribble solution. Doing so is now possible (for instructions, see the additional links provided by Information Technology in the corresponding box).

If the contractual partner insists on using its own signature solution, several aspects need to be examined in more detail. The following paragraphs are intended as an initial source of support if the Department of Legal Services and Data Protection is not already involved.

If the contractual partner insists on using its own signature solution, additional clarifications must be made:

1. Check whether Swiss law has been agreed as the applicable law in the contract being concluded (otherwise, see the next heading).
2. What type of signature is required according to the policy? To find out, consult the policy or the table overview (see box).
3. If the policy requires a qualified electronic signature, a signature solution that provides a qualified electronic signature in accordance with the Swiss requirements of ZertES must be used. If you are not sure whether the contractual partner’s signature solution supports this and/or whether the contractual partner agrees with signing in accordance with this standard, please contact the Department of Data Protection.
4. If an advanced or simple electronic signature is sufficient in your situation, you must still ask the contractual partner to use Skribble. If this is not possible in exceptional cases, a distinction is made based on the type of signature that is required: If the policy requires an advanced signature in your case, the use of another signature solution must always be clarified with the Department of Data Protection. However, if a simple signature suffices, the signature solution requested by the contractual partner (e.g. DocuSign) can also be used. Please make sure that the proposed signature form is actually an electronic signature (for example, that it is not simply an electronic signature that is inserted in a PDF file). Contact the Department of Legal Services and Data Protection if you are not sure.

If, as an exception, it is not possible to agree on Swiss law, caution should be exercised with respect to the use of electronic signatures.

The Department of Legal Services and Data Protection cannot offer any further advice regarding foreign law. In such cases, an external law office may need to be asked to conduct further clarifications, with the attendant costs.

If the contract must be submitted to other public authorities or other bodies (e.g. when applying for EU grants or other European procedures), additional requirements may need to be met in some cases. In such cases, please contact the Department of Legal Services and Data Protection.