Digitalisation is also opening up completely new possibilities in the notarial profession. Processes that were previously only possible on paper and in person can now be completed quickly, securely and conveniently online. A key example of this is online notarisation. But how exactly does it work, what are its advantages over traditional physical notarisation - and what are the legal foundations on which it is based?
1 Concept and legal basis
Notarisation is the confirmation by a notary - in Austria usually a notary - that a signature or document is authentic (Section 79 Notarial Code - NO).
Since the implementation of the EU Digitisation Directive (EU) 2019/1151 it is also possible in many member states to carry out notarisations completely online. In Austria in particular, the Notarial regulations (NO) and the Corporate Digitisation Act (GesDigG) the framework conditions for digital notarial and notarisation activities.
2. Traditional physical notarisation vs. online notarisation
| Feature | Classic physical Signature Notarization | 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 qualified electronic signature (QES) |
| Legal basis | § Section 79 NO, analogue notarisation | EU Digitisation Directive, GesDigG, Section 69b in conjunction with Section 79 (9) NO |
| Utilisation | Z. E.g. company register entry, powers of attorney, land register | Same legal effect, practically relevant for cross-border transactions |
| Evidential value | Notarial deed | Equivalent to paper, recognised throughout Europe (eIDAS Regulation) |
3. step-by-step: This is how online notarisation works technically
3.1 Appointment booking 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 procedures for this:
- eID (electronic identity card, ID Austria)
- Video-Ident procedure: a trained employee checks your ID and face via camera.
- Bankident (possible in some countries via online banking).
These procedures must fulfil the requirements of the eIDAS Regulation (EU) No. 910/2014 correspond.
3.2 Video conference with the notary
The notary conducts a conversation via secure video conference. This is checked:
- Identity (ID card comparison + 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 provided by a certified trust service provider in accordance with eIDAS created.
- 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 forgery-proof.
3.4 Notarisation by the notary
The notary checks the QES and creates a qualified electronic notarisation himself.
A digital notary signature is placed on the document, which contains the following information:
- Identity of the notary (qualified signature)
- Confirmation of the authenticity of the signature
- Place and time of notarisation
This is also done technically via a QTSP, the trustworthiness of which is determined by the EU Trusted List (EUTL) is verifiable.
3.5 Output of the document
- The finished document is available as a PDF with embedded qualified signatures.
- Each recipient (e.g. commercial register, court, authority) can check the authenticity via the EU Trusted List (EUTL).
- If required, an apostille can also be applied for if the document is used outside the EU.
4. advantages of the technical realisation
- Maximum security thanks to strong cryptography and certified infrastructures .
- Tamper-proof: Changes to the document immediately invalidate 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 immediately - without scans or post.
5 Conclusion: Online notarisation at a glance
Online notarisation is the digital evolution of traditional notarisation of physical documents. It combines the legal security of traditional procedures with the advantages of modern technologies such as video conferencing, qualified electronic signatures and Europe-wide recognised trust services. This means that notarisations can be carried out not only faster and from any location, but also in a technically secure and internationally valid manner. With notarity provides a platform that makes this process reliable and user-friendly.
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