Electronic in-person authentication: Germany drives forward the digitalisation of the notarial profession

The objective of the reform is to further develop the traditional authentication process in notarial offices so that authentic instruments can not only be archived digitally in future, but – in addition to the existing options for online notarial procedures – can also be drawn up electronically during the in-person procedure. The parties involved will no longer have to sign on paper, but will instead sign on an electronic signature pad. Alternatively, the parties involved may also use a qualified electronic signature. The notary will subsequently complete the process with a qualified electronic signature. Thus, authentication will become completely digital without abolishing the traditional personal appointment or the legally significant act of authorisation of the authentic instrument by the parties involved.

The law came into force on 29 December 2025 (German Federal Law Gazette / BGBl. 2025 I No. 320). Since then, electronic in-person authentication has been legally possible for German notaries. This means that authentic instruments can now be drawn up entirely digitally during the in-person procedure at a notarial office. This change is not only a technical advance, but also a fundamental change in the practical process of notarial authentication. An obligation to use the digital in-presence authentication does not exist.

A substantial advantage of electronic authentication is the elimination of the previously unavoidable media discontinuity. According to former practice, the text of the document was first drafted digitally, then printed out, corrected several times during the appointment if necessary, and printed again. After signing, the document was scanned so that it could be added to the Electronic Archive of Authentic Acts and the electronically archived supplementary files. This two-step transfer between digital and analogue media is time-consuming, error-prone and resource-intensive. Original electronic authentic instruments avoid these intermediate steps entirely. They also have the technical advantage of being immediately searchable, machine-readable and available in high image quality – without the disadvantages of large file sizes that often occur with scans.

The authorisation of the authentic instrument by the parties involved is transferred to the digital world by performing the act of signing. Traditionally, a handwritten signature serves not only as an expression of consent, but also as a socially deeply rooted sign of proof. The electronic capture of the handwritten signature as a simple electronic signature preserves this personal act, while at the same time utilising the benefits of digital processing. The qualified electronic signature of the notary also ensures that the authenticity and immutability of the document can be verified at any time. Any attempts of electronic modification are immediately visible from a technical point of view. Comparable systems have been used successfully for many years in French notarial offices, for example, so that practical experience is available. More specifically, in France, the parties involved use simple electronic signatures. The French notaries sign using qualified electronic signatures. The system employed must be approved by the Conseil supérieur du notariat.

For the implementation of the electronic in-person authentication, the German Federal Chamber of Notaries has provided a specially developed authentication application that is available to notaries free of charge.

According to the law, the scope of application of the electronic in-person authentication extends to almost all subject matters of authentic instruments, such as contracts for the sale of immovable property, authentic instruments for land charge orders, company formations and transfers, and marriage contracts. Furthermore, handwritten signatures can also be certified electronically. This offers a wide range of possible applications for the procedure and makes it attractive, especially for frequently occurring certification processes. The only exceptions to the new regulation are testamentary dispositions, which may still only be drawn up in paper form. This exception is necessary because the probate system, in particular the regulations governing special official custody, is based upon testamentary dispositions drawn up in paper form by the probate courts.

New regulations on the use of authentic instruments in legal transactions have been added to the existing regulations for their drawing up. Thus, a certified (electronic) copy will be sufficient to ensure the legally effective receipt of authenticated or publicly certified declarations of intent in future. This step takes into account the fact that there are currently no original electronic copies and enables completely digital processing without media discontinuity, particularly in property and inheritance law (e.g. for land charge orders and declarations of renunciation of inheritance). Thanks to this modification, authentic instruments drawn up electronically can be further used in legal transactions without any media discontinuity.

Overall, electronic authentication is a decisive milestone on the path to a modern, efficient and legally secure notarial office. It combines the preservation of core notarial principles – personal presence, handwritten signature, qualified signature – with the advantages of digital record keeping. For Germany, the reform stands for a noticeable leap towards modernisation, which not only changes the daily practice of notaries, but also makes legal transactions more sustainable and future-proof on the whole.

About the author

Dr. Cornelius Kniepert is a notary candidate in the district of the Thuringian Chamber of Notaries and works as a legal advisor in the Berlin office of the German Federal Chamber of Notaries.