# Are electronic signatures legally valid in Germany?

> Yes: eIDAS, the BGB and the ZPO govern when an electronic signature is valid. Form requirements for 31 documents, evidential value in court and changes in 2025 and 2026.

Source: https://smartdocs.de/en/legal-validity/

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Yes. Electronic signatures are legally valid in Germany and throughout the EU: an electronic signature may not be denied legal effect and admissibility as evidence solely because it is electronic (Art. 25 (1) eIDAS). Whether an electronic signature is enough for a given document depends on the form requirement. What it proves in court depends on the signature level and the documentation. German sources call the three levels EES, FES and QES; in English they are SES, AES and QES. As of November 12, 2026.

## The answer in five sentences

- Legally valid: yes, throughout the EU (Art. 25 (1) eIDAS).
- Contracts with no form requirement, the vast majority, and since 2025 many text form (Textform) cases: any electronic signature is enough.
- Statutory written form (Schriftform): only the qualified electronic signature (QES) replaces the handwritten signature (§ 126a BGB, German Civil Code).
- Not possible electronically: declarations for which the law excludes the electronic form, such as a guarantee (Bürgschaft) given by a private individual (§ 766 BGB), and anything that requires notarial recording (notarielle Beurkundung).
- In court: SES and AES are subject to the free assessment of evidence (§ 286 ZPO, German Code of Civil Procedure), and the audit trail is decisive. For the QES, there is a presumption of authenticity (§ 371a ZPO).

## The form requirements of German law

| Form | Legal basis | Which signature is enough | Examples |
| --- | --- | --- | --- |
| No form requirement | principle of freedom of form | any, SES is enough | quote, purchase contract, NDA, permanent employment contract or open-ended lease |
| Text form | § 126b BGB | SES | commercial lease of more than one year, rent increase, brokerage agreement, consumer credit from November 20, 2026 |
| Written form | §§ 126, 126a BGB | QES only | fixed term in an employment contract, fixed-term residential lease, real estate loan, termination of a residential lease |
| Written form, electronic form excluded | e.g. §§ 623, 766, 781 BGB | paper only | termination of employment, guarantee given by a private individual, acknowledgment of debt (Schuldanerkenntnis) |
| Notarial recording | § 128 BGB | notary only | real estate purchase, marriage contract, transfer of GmbH shares, promise to make a gift |

## Form requirement finder: 31 documents

| Document | Form requirement | Minimum level | Legal basis |
| --- | --- | --- | --- |
| Quote, order confirmation, purchase order | no form requirement | SES | freedom of form |
| Purchase, service or work contract | no form requirement | SES, AES if high value | freedom of form |
| Non-disclosure agreement (NDA) | no form requirement | SES | freedom of form |
| Acceptance report | no form requirement | SES | freedom of form |
| Insurance application | no form requirement | SES, AES recommended | freedom of form |
| Brokerage agreement for an apartment or single-family home | text form | SES | § 656a BGB |
| Permanent employment contract | no form requirement | SES, AES recommended | freedom of form |
| Statement of essential employment terms | text form, except in sectors under § 2a SchwarzArbG (paper there) | SES | § 2 (1) NachwG |
| Fixed term in an employment contract | written form | QES | § 14 (4) TzBfG |
| Ending employment at the standard retirement age | text form | SES | § 41 SGB VI |
| Employment reference in electronic form | electronic form, only with consent | QES | § 109 (3) GewO |
| Temporary agency work contract | text form | SES | § 12 (1) AÜG |
| Notice of termination or termination agreement in employment | written form, electronic form excluded | paper only | § 623 BGB |
| Residential lease without a fixed term | no form requirement | SES, AES recommended | freedom of form |
| Residential lease with a fixed term of more than one year | written form, otherwise it counts as open-ended | QES | § 550 BGB |
| Commercial lease of more than one year | text form | SES | § 578 (1) BGB |
| Rent increase request | text form | SES | § 558a (1) BGB |
| Termination of a residential lease | written form | QES | § 568 (1) BGB |
| Real estate purchase agreement | notarial recording | notary | § 311b (1) BGB |
| General consumer credit agreement (Allgemein-Verbraucherdarlehen) | text form from November 20, 2026, written form (QES) until then | SES | § 492 (1) BGB |
| Real estate consumer credit agreement (Immobiliar-Verbraucherdarlehen) | written form | QES | § 492 (1) BGB |
| Guarantee given by a private individual | written form, electronic form excluded | paper only | § 766 BGB |
| Guarantee given by a merchant | no form requirement, if a commercial transaction | SES | § 350 HGB |
| Acknowledgment of debt by a private individual | written form, electronic form excluded | paper only | § 781 BGB |
| GmbH shareholder resolution without a meeting | text form | SES | § 48 (2) GmbHG |
| Transfer of GmbH shares | notarial form | notary | § 15 (3) GmbHG |
| Data processing agreement (DPA) | in writing, including in electronic form | SES | Art. 28 (9) GDPR |
| Consent to data processing | no form requirement, but must be demonstrable | SES | Art. 7 (1) GDPR |
| Promise to make a gift | notarial recording | notary | § 518 (1) BGB |
| Marriage contract | notarial recording | notary | § 1410 BGB |
| Will | written by hand or recorded by a notary | paper or notary | §§ 2231, 2247 BGB |

The minimum level is what the law requires. Where a dispute is likely or a lot of money is at stake, going one level higher often pays off.

## The legal basis, word for word

The eIDAS quotes are the official English wording. The BGB and ZPO quotes are unofficial translations of the German statutes.

- Art. 25 (1) eIDAS: "An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures."
- Art. 25 (2) eIDAS: "A qualified electronic signature shall have the equivalent legal effect of a handwritten signature."
- § 125 sentence 1 BGB (unofficial translation): "A legal transaction that lacks the form prescribed by law is void."
- § 126 (3) BGB (unofficial translation): "The written form may be replaced by the electronic form unless the law provides otherwise."
- § 126a (1) BGB: the electronic form requires the issuer of the declaration to add their name and provide the document with their qualified electronic signature.
- § 126b BGB (unofficial translation): "If text form is prescribed by law, a legible declaration in which the person making the declaration is named must be made on a durable medium."
- § 371a (1) sentence 2 ZPO: the prima facie evidence of the authenticity of a declaration with a qualified signature can only be shaken by facts that give rise to serious doubt that the declaration was made by the person responsible for it.

## What counts in court

- SES: free assessment of evidence (§ 286 ZPO). Whoever relies on the signature must prove that it is authentic, and the audit trail is the most important evidence.
- AES: free assessment of evidence; the second factor (such as the SMS code sent to the mobile number) clearly links the signature to the signer.
- QES: presumption of authenticity (§ 371a ZPO); the other side must establish serious doubt.

Robust evidence contains the sealed PDF, timestamps for sending, opening and signing, the email address the signing link was sent to, for the AES proof of the second factor, and a completion certificate. SmartDocs creates an audit trail and a completion certificate for every request.

From case law: the LAG Berlin-Brandenburg (Regional Labor Court) held the fixed term of an employment contract with a scanned signature invalid; a scan does not meet the statutory written form under § 14 (4) TzBfG, the Part-Time and Fixed-Term Employment Act (judgment of March 16, 2022, 23 Sa 1133/21).

## What has changed since 2025

- January 1, 2025: the Fourth Bureaucracy Relief Act (Viertes Bürokratieentlastungsgesetz) lowers the form for commercial leases of more than one year, temporary agency work, the statement of employment terms and agreements on the standard retirement age to text form; employment references are possible electronically with consent (by QES).
- November 20, 2026: general consumer credit agreements in text form; real estate consumer credit agreements still require the statutory written form.
- End of 2026: EU Digital Identity Wallets with a free QES for non-professional purposes (Art. 5a (5) (g) eIDAS).

Our guide [SES, AES, QES: the differences](/en/signature-levels/) explains in detail how SES, AES and QES differ.