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Digital notarisation: an end to paper and waiting times
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Digitalisation is opening up completely new possibilities in the notarial profession too. Processes that used to be possible only on paper and in person can now be completed online quickly, securely and conveniently. A key example is online notarisation. But how exactly does it work, what are its advantages over traditional in-person notarisation – and what legal basis is it built on?
1. Definition and legal basis
A notarisation (Beglaubigung) is the confirmation by an authorised official – in Austria usually a notary – that a signature or a document is authentic (Section 79 of the Austrian Notaries Act – NO).
Since the implementation of the EU Digitalisation Directive (EU) 2019/1151, it has been possible in many member states to carry out notarisations entirely online. In Austria, the framework for digital notarial work and notarisations is set out in particular in the Notaries Act (NO) and the Company Law Digitalisation Act (GesDigG).
2. Traditional in-person notarisation vs online notarisation
| Feature | Traditional in-person notarisation | Online notarisation |
|---|---|---|
| Location | Physical presence at the notary’s office | Video conference with qualified identification based on the eIDAS Regulation |
| Medium | Paper document, handwritten signature | Electronic document with a qualified electronic signature (QES) |
| Legal basis | Section 79 NO, analogue notarisation | EU Digitalisation Directive, GesDigG, Section 69b in conjunction with Section 79(9) NO |
| Use | E.g. company register entries, powers of attorney, land register | Same legal effect; particularly relevant for cross-border transactions |
| Evidential value | Notarial document | Equivalent to paper, recognised throughout Europe (eIDAS Regulation) |
3. Step by step: how online notarisation works technically
3.1 Booking an appointment and identification
The customer books an appointment with a notary online, e.g. via platforms such as notarity.
Identity verification takes place before the actual video conference. There are various methods for this:
- eID (electronic identity card, ID Austria)
- Video identification: trained staff check your ID document and face via camera.
- Bank identification (possible in some countries via online banking).
These methods must meet the requirements of the eIDAS Regulation (EU) No 910/2014.
3.2 Video conference with the notary
The notary holds a conversation via a secure video conference, during which the following are checked:
- identity (comparison with the ID document plus visual check)
- legal capacity and free will of the person
- content of the document
3.3 Electronic signature by the client
The client signs the document digitally with a qualified electronic signature (QES).
Technical basis:
- The QES is created via a certified trust service provider in accordance with eIDAS.
- The private signature key is stored securely in a hardware security module (HSM) or on a qualified signature card.
- The signature contains a time stamp and is cryptographically tamper-proof.
3.4 Notarisation by the notary
The notary checks the QES and then creates a qualified electronic notarisation.
In doing so, a digital notary signature is applied to the document, containing the following information:
- identity of the notary (qualified signature)
- confirmation of the authenticity of the signature
- place and time of the notarisation
Technically, this is also done via a qualified trust service provider (QTSP), whose trustworthiness can be verified via the EU Trusted List (EUTL).
3.5 Issuing the document
- The finished document is provided as a PDF with embedded qualified signatures.
- Every recipient (e.g. company register, court, authority) can check its authenticity via the EU Trusted List (EUTL).
- If required, an apostille can also be applied for if the document is to be used outside the EU.
4. Advantages of the technical implementation
- Maximum security thanks to strong cryptography and certified infrastructure.
- Tamper-proof: any change to the document immediately invalidates the signature.
- EU-wide recognition: thanks to eIDAS, the QES is recognised as equivalent to a handwritten signature in all member states.
- Efficiency: documents can be submitted digitally straight away – without scans or post.
5. Conclusion: online notarisation at a glance
Online notarisation is the digital evolution of the traditional notarisation of physical documents. It combines the legal certainty of traditional procedures with the advantages of modern technologies such as video conferencing, qualified electronic signatures and trust services recognised throughout Europe. This means notarisations can be carried out not only faster and from anywhere, but also securely and with international validity. notarity provides a platform that makes this process reliable and user-friendly.
