eSignature Legality in Luxembourg

E-Signature Legality Summary

Under Luxembourg law, a written signature is not necessarily required for a valid contract - contracts are generally valid if legally competent parties reach an agreement, whether they agree verbally, electronically or in a physical paper document (this is known as the ‘principle of consent’).  Under Article 25.1 of the EU Regulation No 910/2014 of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (the “eIDAS Regulation”), which is directly applicable in specifically confirms that contracts cannot be denied enforceability merely because they are concluded electronically. To prove a valid contract, parties sometimes have to present evidence in court. Leading digital transaction management solutions can provide electronic records that are admissible in evidence under Article 25 of the eIDAS Regulation, to support the existence, authenticity and valid acceptance of a contract. Luxembourg law treats a QES like a handwritten signature, which is required by law for the signature of certain documents.  The eIDAS Regulation repealed and replaced the e-Signatures Directive (1999/93/EC) and is directly applicable in the 28 member countries of the European Union. The eIDAS Regulation is technology neutral and defines three types of electronic signature (SES, AES, QES). Article 25(1) provides that an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or does not meet the requirements of a QES. Articles 25(2) and (3) give a QES the same legal effect as a handwritten signature and ensure that a QES recognized in one Member State of the EU is also recognized in other Member States. Finally, Recital 49 allows national law to set requirements regarding which type of electronic signature may be required in which circumstances.

Notable Changes in E-Signature Law Since 2020

None. 

Further Guidance

Use cases where a Standard Electronic Signature (SES)  cannot be used include:

• Public auction by a notary or judicial officer of seized goods.

• Specific documents requiring a license or prior authorization.

• Public entity contracts that must be approved by supervisory authority.

• Notarial Deeds for Long-term leases.

• Specific debtor sales of assets in bankruptcy.