Are electronic signatures legal in Italy? Firma digitale, FEA and the CAD

Italy has used digital signatures longer than almost anyone. Companies file with the business register using a firma digitale, professionals send PEC registered emails every day, and public tenders run on qualified signatures. Yet Italians still ask a simple question: does a signature on a platform like DocuSign actually count?

The answer depends on the level of signature and what the document is. Italian law spells this out clearly in the Codice dell'Amministrazione Digitale (CAD).

The short answer

• Electronic signatures are valid in Italy under the EU eIDAS Regulation and the CAD, Decreto Legislativo 7 marzo 2005, n. 82.
• A document signed with a firma digitale, another qualified signature, or an advanced electronic signature (FEA) satisfies written form and has the evidential value of a signed private document under article 2702 of the Civil Code.
• A simple electronic signature is valid, but whether it meets written form and how much it proves are freely assessed by the judge.
• The contracts listed in article 1350 nos. 1-12 of the Civil Code (mainly those on real property) must be signed with a qualified or digital signature, on pain of nullity, unless the signature is notarially authenticated.
• Holographic wills must be handwritten; public acts are done by a notaio.

The law: four levels of signature

Italian practice uses four labels:

Article 20 CAD: written form and evidence

Article 20, paragraph 1-bis, says an electronic document satisfies written form and has the effect of article 2702 of the Civil Code when it bears a firma digitale, another qualified signature or an advanced signature, or when it is formed, after electronic identification of its author, through a process meeting requirements set by AgID (the Agenzia per l'Italia Digitale) that guarantees its security, integrity and unalterability and makes it clearly attributable to the author. In all other cases, whether the document meets written form and what it proves are freely assessable in court.

That identification route is why some services let you sign using SPID under AgID's guidelines: the SPID login identifies you, and the platform's process has to meet AgID's requirements.

Article 2702 of the Civil Code is what gives a signed private document (scrittura privata) full proof of who made the declarations, unless the signature is disowned or challenged under the rules on forgery. The CAD also presumes that the use of a firma digitale or qualified signature device is attributable to its holder, unless the holder proves otherwise.

Article 21 CAD: when a qualified or digital signature is compulsory

Article 21, paragraph 2-bis, says that, except where the signature is authenticated, the private agreements listed in article 1350, first paragraph, nos. 1 to 12 of the Civil Code, when made as electronic documents, must be signed with a qualified electronic signature or a firma digitale, on pain of nullity. For acts under no. 13 (other acts specially required by law to be in writing), an advanced, qualified or digital signature, or the article 20 identification process, is enough.

Article 1350 nos. 1-12 cover, in summary: contracts transferring ownership of real property; creating, transferring or modifying rights such as usufruct, surface rights, servitudes, use and habitation; waivers of those rights; leases of real property longer than nine years; certain company contracts involving real property; contracts of antichresis; perpetual and life annuities; and settlements on these matters.

Who supervises

AgID is Italy's supervisory body for trust services and keeps the list of qualified providers (such as the companies that issue firma digitale kits and remote signatures). Italy's qualified providers appear on the Italian trusted list.

Documents you cannot sign electronically (or need a special signature)

Wills

A testamento olografo must be written entirely, dated and signed by the testator's own hand. The alternative is a public will received by a notaio in front of witnesses, or a secret will delivered to a notaio. No electronic signature makes a valid will.

Notarial acts

Italian notaries can draw up public acts in electronic form, signed with their own digital signature. Transfers of real property for the land registers go through a notaio. Following EU company-law rules, some company formations (such as an S.r.l.) can be done online with a notaio by videoconference. These are notary procedures, not do-it-yourself signatures.

Common situations

Employment contracts

Italian employment contracts do not generally need written form, but certain clauses do. A probation period and a fixed term must be in writing. An FEA, qualified or digital signature meets that requirement with certainty; a simple signature leaves it to the judge. Many HR platforms therefore offer FEA, sometimes via SPID or an OTP process.

Leases

A residential lease (locazione abitativa) must be in writing and registered with the Agenzia delle Entrate. Leases are commonly signed with a firma digitale or FEA and then registered online. A lease longer than nine years falls under article 1350 no. 8, so it needs a qualified or digital signature.

PEC: certified email

PEC (posta elettronica certificata) is a certified email system with legal proof of sending and delivery. Under the CAD, sending a document by PEC is generally equivalent to notification by post, like a registered letter with return receipt. A PEC proves when a message was sent and delivered; it is not a signature of the attached document. Many businesses and all professionals must have a PEC address.

Identity tools: SPID, CIE, CNS

• SPID is the public digital identity system. It is for identification, although it can be the first step in a signing process meeting AgID's rules.
• CIE, the electronic identity card, is mainly an identification tool.
• CNS, the national services card, is a smart card whose chip often also carries a firma digitale certificate, issued for example to business owners through the chambers of commerce.

Firma digitale vs firma elettronica

"Firma elettronica" is the umbrella term that covers any electronic signature. Firma digitale is the strongest level, a type of qualified signature. The practical differences:

• a firma digitale is always on a qualified device: a smart card, a USB key or a remote signing service where you approve each signature with an OTP or app;
• it has the full evidential value of a signed private document and is accepted for article 1350 contracts, public tenders and business-register filings;
• the files are usually .p7m (CAdES) or signed PDFs (PAdES).

Using KovaPDF for this

• [Verify PDF Signature](/verify-pdf-signature): check a PDF signed with a firma digitale or any other certificate (PAdES): whether it was changed, who signed, the certificate chain, revocation and timestamp. It checks signed PDFs, not .p7m envelopes.
• [Digital Signature](/digital-signature-pdf): sign a PDF with your own certificate in .pfx or .p12 form, with a trusted timestamp and long-term validation data. Be aware that an Italian firma digitale kit (smart card, USB key or remote signing) keeps the key inside the device or with the provider, so it cannot be exported or uploaded to any website, KovaPDF included. Use your provider's software for a firma digitale.
• [Request Signatures](/request-signatures): for everyday contracts where a simple electronic signature is enough: NDAs, supplier agreements, approvals, many commercial contracts. Each signer gets a private link and signs without an account; everyone receives the PDF with a certificate of completion and a trusted timestamp. Legally these are simple electronic signatures with evidence, not FEA or qualified signatures, so for contracts that must be in written form with certainty, use a firma digitale.
• [Sign PDF](/sign-pdf): for forms you sign alone.

No online tool replaces a notaio or a handwritten will.