Update on the “Nachweisgesetz“ – A Revolutionary Step Towards Digitization in Germany?

On January 11, 2024, the draft bill for the “IV. Bureaucracy Relief Act” was submitted to the German Bundestag. Anyone expecting dramatic simplifications will – once again – be disappointed by the draft published by the German Government. Article 41 of the draft provides for an amendment to the Verification Act, stating that the electronic signature in accordance with § 126a BGB (German Civil Code) should in future meet the requirements of the Verification Act. The provisions in §§ 2, 3 NachweisG are to be amended accordingly.

Furthermore – if the authors of the draft bill have their way – there will still be a long way to digitalization, since a printable format of the electronic document is to be handed over to the employees; as already explained in the article by our partner Michael Magotsch from August 4, 2022.

The draft suggests anything but a revolutionary step towards digitalization in Germany. According to the currently applicable Verification Act, violations of hardcopies and wet ink are subject to fines. As a result, fierce criticism from companies and employers’ associations will not stop.

This summary is provided for informational purposes only and is not intended to constitute legal advice nor does it create an attorney-client relationship with Rimon, P.C. or its affiliates. Prior results referred to in these materials do not guarantee or suggest a similar result in other matters.

Rimon is an international law firm widely known as being at the vanguard of legal tech and innovation with 46 offices on five continents. In Germany, it operates as Rimon Falkenfort. Rimon has been repeatedly recognized by the Financial Times as one of North America’s most innovative law firms.