Remote online notarisation - more participation through digital notarisation

Picture of Lisa Alavi

Lisa Alavi

The notarity team is working on remote online notarisation to facilitate access to notarial services.

Remote Online Notarisation (RON) is changing access to legal services in Europe. Find out how digital notarisation via RON is breaking down barriers for people in rural areas, abroad or with limited mobility - and what opportunities this opens up for citizens and companies.

For a long time, however, access to a notary was not equally easy for everyone. Those who live far away, abroad or have limited mobility often had to overcome major hurdles in order to utilise notarial services.

Remote Online Notarisation (RON) - i.e. the digital execution of notarisations and certifications via video - is changing exactly that. It makes notarial services location-independent, faster and easily accessible to many people for the first time.

Platforms like notarity show that RON is already working smoothly in practice - including fast appointment allocation and internationally usable documents.

What is remote notarisation?

At Remote online notarisation is understood to mean notarised certifications or authentications that are carried out completely digitally. The identity and legal capacity of the parties involved are verified online, documents are signed electronically and notarised - all via a secure acoustic and optical two-way connection.

Especially in Europe the topic has developed rapidly in recent years:

  • Germany: Since the 1 August 2022 GmbH formations and certain register applications can be notarised completely online. The legal basis for this is the Act Implementing the Digitisation Directive (DiRUG). The procedure is carried out in accordance with Section 78p DiRUG via a secure video communication platform of the Federal Chamber of Notaries processed.
  • Austria: Digital notarisations and notarial deeds have been 2020 possible by law after they were originally introduced as part of the COVID-19 legislation. With Section 90a NO, this became a permanent solution that enables citizens and companies to carry out notarial acts completely online.
  • Estonia: The Baltic country is regarded as a European pioneer. Since 2007 Estonia operates a fully integrated e-Notary systemwhich has been 2020 also enables remote authentication. As early as the first quarter of 2021 91 % of all notarial acts carried out digitally by e-residency holders - proof of the high level of acceptance and practicality.

These developments show that Europe is in the midst of a profound transformation of the notarial system. Digital processes make it possible to provide notarial services Location-independent, efficient and barrier-free to make use of the Significantly improve access to justice.

Access to justice - a central element of the rule of law

"Access to justice" means, according to the Council of Europe and Art 47 of the CFR, Assert rights effectively and utilise legal services without disproportionate hurdles.

In many legal systems, going to a notary is mandatory, e.g. for company formations, property transactions or certain powers of attorney. If there is no access to such services, citizens are often unable to exercise their rights or find it difficult to do so.

Access for people in rural regions

In many European countries, the notarial infrastructure is heavily concentrated in cities. In rural areas, the nearest notary's office can often be several hours away.

Digital processes close gaps in care

Research shows that there is often a lower supply of legal services in structurally weak regions: a report by the Urban Institute (2023) shows, for example, that the density of notaries in rural areas is significantly lower than in cities.

Remote online notarisation offers an important solution here:

  • Citizens can make use of notarial services directly from home.
  • Access to important legal acts no longer depends on where you live.
  • Companies can process start-ups or authorisations from any location.

Germany - Digitisation directive improves accessibility

With the entry into force of the DiRUG on 1 August 2022 a legal basis for online notarisation was created in Germany for the first time. The first online GmbH formation took place on the same day. The Federal Chamber of Notaries operates the necessary video communication system and has been continuously expanding the service ever since.

Austria - Permanent legal basis since 2020

Austria created a legal framework for digital notarial services back in 2020 with Section 90a NO. The originally pandemic-related special regulation is now a permanent solution. Companies can process company formations, powers of attorney and shareholder resolutions completely digitally.

According to an analysis by KPMG, this has made it easier for small and medium-sized companies in particular to access notarial services.

European perspective - Digital processes against inequalities

The European Commission for the Efficiency of Justice (CEPEJ) emphasises in its Justice Barometer 2022 that digital notarial services can play "a central role in reducing regional inequalities in access to justice" - especially in structurally weak regions.

Access for people abroad

For people living abroad or expats, notarisation has often been associated with travelling, embassy appointments or high costs.

Digital processes are fundamentally changing this:

  • Company formations or powers of attorney can be processed directly online.
  • Estonia enables, for example, remote notary services even via embassies abroad (e-Notary Service).
  • In Germany and Austria, too, citizens can now complete many notarial processes digitally - regardless of where they live.

Access for people with reduced mobility

For people with physical disabilities or chronic illnesses, going to a notary's office can be a major hurdle. According to the World Health Organisation (WHO) live around the world 1.3 billion people (16 %) with a disability.

Remote notarisation can help decisively here:

  • The entire process can be carried out from home or a care facility.
  • Digital identity checks and electronic signatures can be designed to be barrier-free.
  • Assistive technologies also enable people with limited motor skills or vision to actively participate.

Remote notarisation thus also contributes to the implementation of Article 13 of the UN Convention on the Rights of Persons with Disabilities, which calls for equal access to justice.

Conclusion: Remote notarisation strengthens access to justice

Remote online notarisation is more than just a technical advance - it is a Instrument for democratising access to legal services.

Whether in rural regions, abroad or where mobility is restricted: digital notarisation makes legal transactions easier and more efficient. simpler, more inclusive and more location-independent. They reduce costs, save time and enable more people than ever before to effectively exercise their rights.

Remote notarisation thus makes an important contribution to a modern, accessible and fair legal system - and brings us a big step closer to the vision of a digital constitutional state.

With platforms such as notarity this vision is already becoming a reality. Whether company formations, powers of attorney, real estate matters or international documents - remote online notarisation makes the rule of law more modern, efficient and inclusive.

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