OR Art. 59a -
Einleitung zur Rechtsnorm OR:
The Swiss Code of Obligations is a central code of Swiss civil law that regulates the legal relationships between private individuals. It includes five books that cover various aspects of contract law, law of obligations and property law, including the formation, content and termination of contracts, as well as liability for breach of contract and tort. The Code of Obligations is an important code of law for business and everyday life in Switzerland, as it forms the basis for many legal relationships and contracts and has been in force since 1912, whereby it is regularly adapted to social and economic developments.
Art. 59a OR from 2025
Art. 59a Liability in respect of cryptographic keys (1)
1 The owner of a cryptographic key used to generate electronic signatures or seals is liable to third parties for any damage they have suffered as a result of relying on a valid certificate issued by a provider of certification services within the meaning of the Federal Act of 18 March 2016 (2) on Electronic Signatures.
2 The owner is absolved of liability if he can satisfy the court that he took all the security precautions that could reasonably be expected in the circumstances to prevent misuse of the cryptographic key.
3 The Federal Council defines the security precautions to be taken pursuant to paragraph 2.
(1) Inserted by Annex No 2 to the FA of 19 Dec. 2003 on Electronic Signatures ([AS 2004 5085]; [BBl 2001 5679]). Amended by Annex No II 4 of the FA of 18 March 2016 on Electronic Signatures, in force since 1 Jan. 2017 ([AS 2016 4651]; [BBl 2014 1001]).
(2) [SR 943.03]
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
