Introduction
Notarization has been a cornerstone of European legal systems for centuries. In 2020, COVID-19 abruptly disrupted in-person notarization across Europe. The crisis accelerated e-notarization adoption, pushing notaries to adopt digital tools while preserving principles of trust and authenticity.
The United States quickly embraced remote online notarization (RON), with dozens of states passing laws. Europe, by contrast, built a strong framework for electronic identity and signatures under eIDAS but left notarial practice to national governments. The result: uneven laws and fragmented adoption across the EU.
EU Digital Framework: Strong on E-Signatures, Silent on Notaries
The European Union passed two laws that underpin digital transactions: The electronic identification and trust services are governed under the eIDAS Regulation (EU 910/2014) . Under this regulation, a qualified electronic signature, or QES, has the same legal force as a signature done by hand.
The second piece of legislation is a directive known as ‘ Company Law Package (Directive EU 2019/1151),’ which permits the member states to incorporate and register companies through online processes.
This regulatory silence creates uneven national rules across member states. That gap explains why the adoption of remote notarization in Europe is inconsistent, left to national governments.
Countries Leading Remote Notarization in Europe
Several states have passed laws enabling remote notarization, usually limited to corporate matters:
- Austria – The Justice Accompanying Act (2020) allowed remote notarization during COVID-19. Made permanent in 2021. Citizens can form companies, pass shareholder resolutions, and sign certain powers of attorney online. Identity is verified via secure video calls with the Citizen Card or mobile signature.
- Germany – The DiRUG Act (2021) and DiREG Act (2022) permit online notarization mainly for corporate filings (e.g., GmbH formation). Property, wills, and inheritance remain in-person. The Federal Notary Chamber oversees video identification.
- Estonia – Since 2019, remote notarization has been allowed for most acts. Its e-Residency program lets foreigners set up companies without visiting. Estonia is a global case study in digital notary success.
- Czech Republic – In 2021, reforms to the Notarial Code introduced a secure online platform for digital deeds. Remote use is limited to corporate matters but represents one of Europe’s most ambitious systems.
- Hungary – Expanded electronic procedures and remote identification since 2021; company formations often use attorney e-countersigning. Remote notarial acts exist in limited, specific use cases.
Countries Resisting Remote Notarization
- France – Limited remote options exist: comparution à distance for certain acts (notably powers of attorney) is permanent, while most deeds—especially real estate—remain in-person.
- Spain – Since Law 11/2023 (effective 2023-11-09), notaries can authorise a defined list of acts online via secure videoconference and electronic signature; scope remains limited and notary-led.
- Italy – Since 2021-12-15 (Legislative Decree 183/2021), SRL/SRLS incorporation can be done online via notary videoconference using standard models (2022). Broader remote notarisation remains limited.
- Netherlands – Since 2024-01-01, BV incorporation can be completed entirely online with a digital notarial deed and video connection; other deeds (e.g., real estate) still require physical presence.
How to Get Started with Remote Notarization
- Check local law to confirm if your jurisdiction allows online notarization.
- Understand the scope, which is often limited to corporate filings and not real estate.
- Meet technical requirements such as QES, secure video platforms, and eIDAS-compliant ID.
- Pilot the process with small cases such as shareholder resolutions.
- Confirm recognition in cross-border deals.
- Keep the policies updated as per GDPR, authentication, and record-keeping.
Conclusion: A Fragmented but Growing Practice
Austria, Germany, Estonia, the Czech Republic, and Hungary support varying forms of remote notarisation—mostly for corporate matters. Spain (since 2023) and the Netherlands (since 2024) now permit defined acts online, including BV incorporations. France and Italy allow limited remote options, but many deeds—especially real estate—remain in-person.
The patchwork approach creates opportunities for efficiency in some jurisdictions but serious recognition challenges across borders. Until the EU develops a harmonized framework, remote notarization in Europe will remain a matter of national law rather than a European standard.
Uncertain whether your notarization will be accepted, or unclear on what your transaction requires? We can help—contact us at info@notarette.com
All images are AI generated.