Notarial Digitisation Act

Under the current law, the original of a public deed must be produced as a paper document. In the future, based on the Federal Act on Digitalisation in the Notarial Profession (Notarial Digitalisation Act; NDA), the original of a public document may also be created in electronic form. The technology-neutral Notarial Digitalisation Act only regulates the principles for creating electronic public deeds. The implementing provisions will be issued at ordinance level.

In future, the electronic original of a public deed will be stored in a central register of deeds. Here the stored documents are kept securely. In addition, the documents remain legible for the long term and any forgeries are easier to prove. The central register of documents will be operated by the federal government.

• On 30 January 2019, the Federal Council submitted the Federal Act on the Creation of Electronic Public Deeds and Electronic Authentications (EDAO) for consultation.
• At its meeting on 17 December 2021, the Federal Council reviewed the results of the consultation (BBl 2022 144) on the bill on digital certification and adopted the dispatch on the new NDA (BBl 2022 143) for the attention of Parliament.
• On 16 June 2023, the bill for the Federal Act on Digitalisation in the Notarial Profession (NDA)was adopted by both chambers of parliament in the final vote.

FOJ information page: Electronic public deeds and electronic certifications

21.083 | Notaries' Digitisation Act