HR Electronic Records

Switzerland - Natively Electronic Documents

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What is the legal value of native electronic documents (that do not require signature by the parties)?

 

The majority of legislation generally recognizes the validity and probative value of documents that are natively electronic (i.e., created as electronic originals), subject to compliance requirements.

 

In HR matters, natively electronic documents which do not contain an electronic signature may be freely distributed and stored electronically, except in cases where a written form is prescribed by law. As these documents are not signed by the parties, they typically have a lower probative value than a signed original, both in electronic and paper form.

 

Generally, the Swiss Swiss Civil Procedure Code does not attribute different probative values to natively electronic originals vs. scanned copies of paper originals. In both cases, certain standards as to the digitization and saving must be met. 

 

Ultimate Software's HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where Ultimate Software's customers have employees. HR Compliance Assist is a service exclusively available to Ultimate Software customers.

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