Are electronic signatures legally valid in Germany and Austria?

Yes. Under Article 25(1) of the eIDAS Regulation, an electronic signature may not be denied legal effect or admissibility as evidence solely because it is in electronic form. This non-discrimination rule applies directly in every EU Member State.

In Germany, a qualified electronic signature satisfies the statutory written form under section 126a of the German Civil Code (BGB). In Austria, section 4(1) of the Signature and Trust Services Act (SVG) gives the QES the same effect for the written form requirement of section 886 ABGB. Documents with no statutory form requirement can use lower signature levels.

Here's how the legal position is structured in both markets:

• eIDAS as the common basis: Regulation (EU) No 910/2014 has applied directly since 1 July 2016 and governs signature levels, trust services and their mutual recognition.
• Germany — sections 126 and 126a BGB: Section 126 BGB requires written form for certain transactions. Section 126a BGB allows this to be replaced by electronic form if the issuer applies a qualified electronic signature.
• Austria — SVG and ABGB: The Signature and Trust Services Act supplements eIDAS nationally. The QES satisfies the written form requirement of section 886 ABGB, with exceptions in section 4(2) SVG.
• Lower levels: SES and AES are valid electronic signatures but do not satisfy a statutory written form requirement. Where written form is prescribed, there is no alternative to the QES.
• Assessment of evidence: A QES is presumed genuine unless the contrary is proven. With SES and AES the relying party must establish who signed.
• Automatic verifiability: Signatures from listed trust service providers are recognised as trustworthy in Adobe Acrobat Reader and other applications without configuration.

primesign is listed as a qualified trust service provider on the EU Trusted List and issues qualified certificates for Germany, Austria and the wider single market. Austrian signatories can sign at qualified level directly via ID Austria, German signatories via the online ID function of the national ID card — in both cases with no separate certificate order.