E-Signature Regulations
Italy

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

Digital signatures and qualified electronic signatures are managed through entities that are authorized to authenticate signatures. This does not apply to the simple electronic signature and advanced electronic signatures.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

Most contracts can be entered into with an e-signature as they do not require a specific form for their validity. However, certain contracts must be entered into in writing or else are not valid (e.g., contracts transferring title to real estate, leases beyond 9 years, contracts establishing a partnership or corporation): for those contracts, simple e-signature is not sufficient and a digital signature or a qualified or advanced electronic signature must be used.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

(a) Courts cannot reject an electronic signature as evidence per se.
(b) A qualified electronic signature, an advanced electronic signature or a digital signature are largely equivalent to an autographed signature.
(c) Courts retain a certain degree of discretion in assessing simple electronic signatures that are not of the qualified, advanced or digital type.

What is the e-signature law enforceable in your jurisdiction?

EU Regulation n. 910/2014, Legislative Decree no. 82 of 2005 (sections 20 §1bis and 21 2bis), sections 1350 and 2702 of the Italian Civil Code. Case law is also still discussing the issue. The law sets forth various types of signatures available (from weaker to stronger): (i) simple electronic signature, (ii) advanced electronic signature, (iii) qualified electronic signature, and (iv) digital signature.

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Italy

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Gitti and Partners
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