1.  Which documents can use an electronic signature and take legal effect?
  2. Which documents cannot use electronic signatures and take legal effect and why?
  3. What are the legal requirements for electronic signatures on documents?
  4. Are there any proposals to change the law relating to electronic signatures? 
  5. Are there any other factors which prevent documents being entered into in electronic format?

jurisdiction

Italy

In general, any documents may be signed with an electronic signature.

However, the following contracts may only be signed electronically in front of a Public Notary with a Qualified Electronic Signature or Digital Signature (see later column):

  • Sale contracts;
  • Contracts that constitute, modify or transfer or waive the right of usufruct on real properties, the surface rights and the rights of the emphyteutic grantor or tenant;
  • Residential leases for a term of more than 9 years;
  • Commercial leases;
  • Partnership agreements or associations in which a real property or properties’ rights are for a duration more than 9 years or for an indefinite period of time; and
  • Contracts of partition of real properties and of other real properties’ rights.

None, provided that the requirements of Italian Law no. 82/2005 (i.e. “Code of Digital Administration”) are complied with which provides that any document signed electronically has legal effect provided it has affixed to it any of the following:

  • An Electronic Signature;
  • An Advanced Electronic Signature;
  • A Qualified Electronic Signature; or
  • A Digital Signature

The Code of Digital Administration provides for the following distinct electronic signatures:

  1. Electronic Signature: (i.e. “firma elettronica”): a digital signature used to simply indicate the authorship of an electronic document;
  2. Advanced Electronic Signature: (i.e. “firma elettronica avanzata”): a digital signature which must unequivocally identify the holder, depend only on the will of the holder and be linked to the data to which it relates in such a manner that any subsequent change of the data is detectable;
  3. Qualified Electronic Signature: (i.e. “firma elettronica qualificata”): a digital signature or other type of Advanced Electronic Signature that satisfies additional security requirements and is created by a secure signature creation device; and
  4. Digital Signature: (i.e. “firma digitale”): a particular type of Qualified Electronic Signature allowing the holder using the private key and a third party using the public key, respectively, to verify the origin and authenticity of one or more digital documents.

4. Are there any proposals to change the law relating to electronic signatures? 

No.

5. Are there any other factors which prevent documents being entered into in electronic format?

The following issues could prevent a document being entered into in electronic format:

  • if the executing company has a provision in its corporate documents which restricts or prevents it from signing electronically. While not common in corporate documents this may exist and should be checked; or
  • if the document has to be treated as executed in a foreign jurisdiction. It may be preferred to have physical signing in the event that the place or location of signature has particular legal consequences.