Electronic contracts

Under Swiss law, contracts generally arise through mutual consent and may often be concluded electronically, for example by email, click-wrap acceptance or platform workflows. The key issues are offer and acceptance, proof of intent, identity of the parties, incorporation of terms, consumer information duties and applicable form requirements. Some transactions still require a specific legal form, such as a written signature or notarisation, which ordinary electronic acceptance may not satisfy. Cross-border online contracts also require attention to governing law, jurisdiction and consumer protection rules.