In Germany there is freedom of form for agreements of any kind. Thus, contracts can be concluded by handshake or in writing or in any other form.

This freedom of form, according to § 127 of the German Civil Code [Agreed Form], exists in approx. 95 % of all legal transactions. A simple or advanced electronic signature in accordance with the eIDAS Regulation is completely sufficient there as admissible evidence. Ultimately, the conclusiveness of the chosen procedure is decisive. The use of a simple electronic signature is not advisable, as it has no evidential value. Advanced electronic signatures or eIDAS-compliant device seals are better.

Thus, an electronic signature created with signoSign/2, for example, is also admissible as evidence in court proceedings and, above all, conclusive.

For the remaining 5% of all legal transactions, the legislator has stipulated in § 126a of the German Civil Code that agreements and declarations for which the written form is required by law and which are written in electronic form must be provided with a qualified electronic signature.

But even here there are exceptions, where the legislator expressly expects the written form with ink on paper. For example, consumer loans and guarantees must be signed by hand. It is also not allowed to sign with a qualified electronic signature. The background to this is the warning function, which only enables the signature to be executed. Before you sign anything, think about it again. This warning function can be rated very highly from the consumer's point of view and is therefore already possible with the advanced electronic signature with the signature pad.