Electronic signature law in commercial contracts in Italy
- Definition and formal requirements of written legal statements or legal statements legally binding if the law requires written form
- Examples for legal statements and contracts where written form is required
- Are there special legal provisions for digital archiving and storage of electronic documents? If yes, please describe them
- Main and relevant court practices
- In which cases are documents only with wet ink signatures accepted?
- List of the relevant national legislation
- Are the following use cases deemed as written legal statements / legal statements legally binding if the law requires written form in your jurisdiction?
jurisdiction
1. Definition and formal requirements of written legal statements or legal statements legally binding if the law requires written form
Documents or statements with handwritten signature are considered in written form.
The electronic document meets the requirement of written form and has the same value as evidence in civil proceedings when it is signed with a qualified electronic signature or an advanced electronic signature or if it is created through a process meeting the technical requirements established by the Guidelines from the Italian Digital Agency in such a way to ensure the security, integrity and unchangeability of the document and identifiability of its author in a clear and unambiguous manner.
In all other cases, the judge shall determine if the electronic document meets the requirement of written form and assess its value as evidence on the basis of his free appreciation taking into account the characteristics of security, integrity and unchangeability of the document.
The date and time of the electronic document may be relied upon against third parties provided that they have been affixed in compliance with the Guidelines.
2. Examples for legal statements and contracts where written form is required
The following deeds and agreements must be concluded in writing:
- real estate sale and purchase agreements;
- agreements related to rights on immovable goods;
- lease agreements with a duration exceeding nine years;
- deeds of division of immovable goods;
- deeds establishing perpetual or lifetime annuities;
- settlement agreements of disputes related to legal relationships listed above.
As a general rule, if the parties have agreed in writing that a specific written form must be used for the future contract to be concluded, this form is deemed to be required for the validity of the contract.
3. Are there special legal provisions for digital archiving and storage of electronic documents? If yes, please describe them
Decree of the President of the Council of Ministers of 3 December 2013 establishes the technical rules for storage of electronic documents.
Generally speaking, art. 44 of Legislative Decree no. 82 of 7 March 2005 (so called “Code of Digital Administration”) provides that system of storage of electronic documents must guarantee the authenticity, integrity, reliability, readability abs availability of what is stored in it for the entire period of storage.
4. Main and relevant court practices
There are no court practices published on this topic.
5. In which cases are documents only with wet ink signatures accepted?
There is no case where only document with wet ink signature is accepted.
6. List of the relevant national legislation
- Legislative Decree no. 82 of 7 March 2005 (the so called “Code of Digital Administration")
- Guidelines adopted by the Italian Digital Agency
7. Are the following use cases deemed as written legal statements / legal statements legally binding if the law requires written form in your jurisdiction?
1. Electronic document signed with qualified electronic signature (QES as defined in the eIDAS Regulation) and with a time stamp | Yes |
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2. Electronic document signed with qualified electronic signature (QES as defined in the eIDAS Regulation) without a time stamp | Yes |
3. Electronic document signed with advanced electronic signature (AdES as defined in the eIDAS Regulation) and with a time stamp | Yes |
4. Electronic document signed with advanced electronic signature (AdES as defined in the eIDAS Regulation) without a time stamp | Yes |
5. Electronic document signed with advanced biometric signature | Yes |
6. Electronic document signed with a simple, standard electronic signature (SES) | No |
7. Scanned electronic version of the original paper-based document with handwritten signature sent as an attachment in ordinary e-mail without an electronic signature, but with standard e-mail signature panel | No |
8. Legal statement sent as a text of an ordinary e-mail without an electronic signature, but with a standard e-mail signature panel | No |
9. Legal statement sent in an SMS | No |
10. Electronic document with a copy-pasted image of a handwritten signature, sent as an attachment of an ordinary e-mail | No |
11. Electronic document with the typed name of the signer and sent as an e-mail attachment | No |
12. Electronic legal statement sent in a social-media message sending application (e.g. Messenger, Viber, LinkedIn, Facebook message, etc.) | No |
13. Electronic legal statement sent in a chat application | No |
14. Electronic document created on an electronic platform ensured by the other party requesting the legal statement (without an electronic signature) by another party whom the operator of the platform granted access | No |
15. Electronic document signed in DocuSign/Adobe Sign with a simple standard electronic signature (no QES or AdES) | No |
16. Electronic document signed with a qualified electronic seal as defined in the eIDAS Regulation | Yes |
17. Agreements accepted by the other party online, by ticking a checkbox or by clicking on a button ("click on agreements") | Yes |
