Article 44 — Form and Electronic Contracts

1. 1.

   A contract may be concluded in any form unless the law requires a particular form for validity.

2. 2.

   Where the law requires writing, the requirement is satisfied by any durable medium that records the content and identifies the parties, including electronic communication.

3. 3.

   An electronic signature, as recognised under Article 46 of the Fundamental Laws, satisfies any requirement for a signature.

4. 4.

   A contract concluded by electronic means has the same legal effect as a contract concluded by other means.

5. 5.

   Where a contract is concluded through an automated system acting on behalf of a party, the party is bound by the contract as if the party had acted personally, provided that the system operated within the scope of the party’s instructions.