E-signature Legality in Italy
In Italy, a handwritten signature is not necessarily required to make a signed contract legally valid. Italy recognized e-signatures in 2005 with the passing of PbEG L 13, also called the Digital Administration Code (DAC) or Legislative Decree No. 82/2005. The DAC borrowed heavily from the EU Directive (1999/93/EC) that governed e-signatures in the European Union. In July 2016, Italy replaced the EU Directive with Regulation (EU) No 910/2014, known as the eIDAS Regulation.
In addition to the eIDAS Regulation and the DAC, Italy uses the Italian Civil Code to govern e-signatures and further customize them at a national level. For instance, the Italian Civil Code allows parties to provide authentic and valid electronically signed documents as admissible evidence in court.
The eIDAS recognizes three types of signatures: the Simple Electronic Signature (SES), Advanced Electronic Signature (AES), and Qualified Electronic Signature (QES). The QES is the most secure and is considered similar to a handwritten signature. It requires the service provider to use a creation device recognized by the EU and issue a certificate.
The DAC recognizes an additional signature called the Digital Signature (DS), which requires two cryptogenic keys: a private one from the signatory and a public one from the recipient.
Consult a legal professional for guidance on e-signatures.
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