The Federal Council wants to subject ZertES to a total revision. BR Sommaruga in the discussion in the Council of States on 29.2.2016:
I would like to take the liberty of saying a few introductory words about this bill, the Federal Law on Certification Services in the Field of Electronic Signatures (Zertes). Because it is a very technical subject that is not easy to communicate, I will try to make an analogy with the paper world: If we assume that until now there were black ballpoint pens for writing and red ballpoint pens for legally valid signing, then we are now introducing new blue ballpoint pens that can be used for various purposes. With this law we regulate under which conditions which ballpoint pen colors can be used. Put simply and transferred to the paper world, the Zertes regulates which ballpoint pen colors are available and which conditions must be met in order to become a state-approved, i.e. certified, ballpoint pen manufacturer. So much for trying to present this very technical matter. One must be aware that this is a very important law, but one that is perhaps somewhat difficult to understand due to its technical nature.
The present total revision does not change anything with regard to the qualified electronic signature, which is equivalent to the handwritten signature. The use of regulated electronic certificates for legal entities and authorities is now clarified and simplified. Certificates can be used to provide proof of origin as well as to ensure the integrity of the message in question and to provide secure authentication of persons or machines. The Zertes also regulates the issuance of these certificates and the requirements for the manufacturers of the certificates.
Nothing is changed in the existing concepts and principles of the previous regulation. In particular, the range of certificate products is not exhaustively regulated. This means that there will continue to be various certificate products, and as many as the market requires. Only the technical requirements defined in more detail by the Federal Council must be met.
You have just heard from the Chairman of your Committee for Legal Affairs that the present total revision was uncontroversial. I would therefore like to ask you, also on behalf of the Federal Council, to follow the proposal of your committee, to accept the business and to adopt it.
Both councils have dealt with the business and approved the revision (most recently the SR on 29.2.2016).
Message of January 15, 2014:
Draft: