An electronic or digital signature is an electronic signature with which the recipient of an electronic document can clearly identify the sender (signatory).
Flatfox AG has concluded a partnership with the company Skribble for the digital signing of documents. The tenant receives a code via SMS on his mobile phone and must enter this code in the signature process on the Skribble platform. The electronic document (PDF) is applied to the document in the background by the Swisscom Trust Service. When all parties have completed the signing process, everyone receives their own original digital document electronically for download.
A graphic seal is affixed to the PDF, where it is immediately apparent who has digitally signed the document and when. However, this is not the actual signature in the legal sense, but merely a visual representation of the digital signature. The signature itself is cryptically, electronically and forgery-proof interwoven with the document and can be verified with Adobe Acrobat Reader, for example. The Reader verifies the signature in the background and immediately indicates whether the signature is genuine and not forged.
To do so, the tenant needs a mobile phone number. This is sufficient for clear identification.
With the Advanced Electronic Signature (FES), a digital signature can be made via SMS code. An FES signature is very suitable for signing documents, which is not bound by law to any "written form" or "formal requirement". The rental agreement is a good example of this. There are other types of digital signatures that are used for other legal requirements. These different types of signatures can be read in detail on the Skribble website.
The advanced electronic signature (FES) is legally valid for contracts where the law does not prescribe a specific form. In Switzerland, most contracts are not subject to any legal form requirements. This means that contracts with electronic signature types such as the advanced electronic signature can be concluded with legal validity.
A document can be printed out and filed in paper form, but only the electronic document (PDF) is legally valid. It is therefore advisable to keep the digital original safe.
