Electronic signatures in Germany: eIDAS, Schriftform and what you can sign online

Germany has a reputation for paperwork, but its contract law is more flexible than many people expect. Most agreements can be made without any particular form — orally, by email or with an electronic signature. The difficulty lies in the exceptions: a handful of well-known documents need Schriftform (statutory written form), a qualified electronic signature or a notary.

This guide walks through the legal framework, the types of signature that matter in Germany, and how to collect good evidence when you use simple electronic signatures.

Are electronic signatures legal in Germany?#

Yes. As an EU member state, Germany applies the eIDAS Regulation (EU) No 910/2014, as amended by Regulation (EU) 2024/1183. Under eIDAS, an electronic signature can't be denied legal effect or admissibility as evidence just because it is electronic. Germany's Trust Services Act (Vertrauensdienstegesetz, VDG) of 2017 supplements eIDAS and replaced the old Signature Act (Signaturgesetz).

The everyday rules come from the German Civil Code (Bürgerliches Gesetzbuch, BGB):

• Freedom of form. Unless a law or the parties require a specific form, a contract is valid however it is concluded. This covers a large share of business agreements, such as many service, supply and software contracts, NDAs and quotes.
• Written form (§ 126 BGB). Where the law requires Schriftform, the document must be signed by hand. Under § 126(3) and § 126a BGB, it can generally be replaced by the elektronische Form — which means a qualified electronic signature — unless the law excludes this.
• Text form (§ 126b BGB). Textform only requires a readable declaration on a durable medium that names the person making it. No signature is needed, so an email or PDF generally suffices.
• Agreed form (§ 127 BGB). Where the parties have only agreed among themselves on written form, the rules are generally more relaxed than for statutory written form.

As for evidence, German procedural law gives electronic documents carrying a qualified electronic signature a presumption of authenticity (§ 371a of the Code of Civil Procedure, ZPO). Other electronic signatures are assessed freely by the court, so the surrounding evidence matters.

For the EU-wide background, see our guide to electronic signatures in the European Union.

Types of electronic signature in Germany#

German practice uses the three eIDAS levels:

• Simple electronic signature (einfache elektronische Signatur, EES) — for example, a typed or drawn signature submitted through a secure link. Widely used for form-free contracts.
• Advanced electronic signature (fortgeschrittene elektronische Signatur, FES) — uniquely linked to and capable of identifying the signer, with any later change to the document detectable.
• Qualified electronic signature (qualifizierte elektronische Signatur, QES) — based on a qualified certificate from a qualified trust service provider. It is the only electronic signature that can generally replace statutory Schriftform.

Signkoi provides simple electronic signatures with strong evidence. It does not create advanced or qualified signatures.

Documents that often need more than a simple e-signature#

The following are well-known examples where a simple electronic signature is generally not enough:

• Terminating an employment relationship. Notices of termination and termination agreements need written form, and the electronic form is expressly excluded (§ 623 BGB) — so a wet-ink signature is required.
• Guarantees by private individuals. A Bürgschaft given by someone who isn't a merchant needs written form, again with the electronic form excluded (§ 766 BGB).
• Fixed-term employment clauses. Limiting the term of an employment contract requires written form (§ 14(4) of the Part-Time and Fixed-Term Employment Act, TzBfG); where an electronic alternative is used, it would generally need to be a QES.
• Real estate. Contracts to transfer or acquire land need notarial recording (§ 311b BGB).
• Company law. Transfers of shares in a GmbH generally need a notarial deed (§ 15 GmbHG).
• Family law and inheritance. Marriage contracts need a notary (§ 1410 BGB), and wills must be handwritten (§ 2247 BGB) or made before a notary.

German lawmakers have relaxed some form requirements in recent years, for example through the Fourth Bureaucracy Relief Act (BEG IV), so it is worth checking the current rules for your document type.

Collecting stronger evidence with simple e-signatures#

For form-free contracts, the question is rarely "is it valid?" and more often "can I prove it?". Because the court weighs the evidence freely, it helps to show who signed, that they meant to sign and that the document hasn't changed:

• Audit trail. Keep a record of when the document was sent, opened and signed, with IP address and browser details.
• Identity checks. For important agreements, require an access code shared through a separate channel, or an email one-time code.
• Tamper evidence. A sealed PDF makes later changes detectable, and a trusted timestamp records when signing took place.
• Retention. Store the signed PDF together with its certificate of completion, in line with your record-keeping obligations.

How to send a document for signature in Germany with Signkoi#

1. Upload your PDF and add your signers by name and email address.
2. Set a signing order if, for example, your counterparty should sign before your managing director.
3. Place signature, initials, date and text fields where they belong.
4. Add an access code or email one-time code for sensitive documents.
5. Set reminders and an expiry date, then send.

Signers open the link and sign in their browser — no account needed — and the signing pages are available in German. Once everyone has signed, the PDF is sealed and timestamped, and you get a certificate of completion with the full audit trail. Anyone can check the signed PDF at signkoi.com/verify. For other countries, see our e-signature legality overview.

FAQ#

Can I sign an employment contract electronically in Germany?#

In many cases, yes: the employment contract itself generally needs no particular form. But certain clauses and steps have their own rules — fixed-term clauses need written form, and terminations need wet ink. Separate documentation duties may also apply, so check the specifics.

Do I need a qualified electronic signature for B2B contracts?#

Generally not. Most business-to-business contracts are form-free, so a simple electronic signature with good evidence is commonly used. A QES is typically needed only where the law requires written form and allows the electronic form instead.

Is a simple e-signature enough for documents that need Textform?#

Text form doesn't require a signature at all — a readable declaration on a durable medium that names the person is generally sufficient. A document signed with a simple electronic signature will usually meet that standard.

This article is general information, not legal advice. German law changes and its application depends on the specific document and situation. For an important or regulated document, talk to a qualified lawyer (Rechtsanwalt) in Germany.