GER: Setback for Digitalisation –BGH Overturns Austrian Online Certification

May 21, 2026 Benn-Ibler Rechtsanwälte

The constraints associated with the digitalisation of notarial procedures across Europe remain evident. In its recent decision, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has recently decided that foreign online certification procedures are not automatically recognized within German legal transactions. In this particular instance, the procedures did not meet the required standards of equivalence. Specifically, Austrian procedural law on online certification does not align with the core principles established by German law for such certifications.

Austrian online certification fails in German courts

In the case at hand, the managing director of a limited liability company (GmbH) had submitted a notification to the commercial register regarding a change in the company’s business address. For this process, the managing director’s electronic signature was certified by an Austrian notary through an online procedure employing two-way optical and acoustic communication. The German registry court rejected the registration, citing non-compliance with German legal requirements for certification. An appeal to the Kammergericht was unsuccessful, prompting the company to pursue its claim before the BGH.

No equivalence of online certification procedures 

Under Section 12 of the German Commercial Code (Handelsgesetzbuch, HGB), applications to the commercial register must be in a publicly certified form, which may also be carried out via an online procedure. However, this is subject to the condition that the certification complies with the requirements of German notarisation law.

According to the BGH, whilst it is in principle possible for foreign notaries to perform notarial acts, this is only permissible if the procedures are equivalent. The BGH ruled that this was not the case here, focusing in particular on four points: 

1.  Identification: In Germany, electronic proof of identity with a ‘high’ level of security is required. Conversely, Austria permits video identification procedures or the use of identity documents with a lower security standard, such as physical identification documents.

2.  Personal identity verification: Under German law, a notary must verify the identity personally; delegation to third parties is not permitted. Austrian law, however, allows for the involvement of external bodies.

3.  Photographic double-check: The German procedure also involves electronically reading and comparing the document holder’s photo with the one on their identity document. In contrast, Austrian law does not mandate this extra verification step.

4.  Video communication system: In Germany, the Bundesnotarkammer (Federal Chamber of Notaries) is the sole authority allowed to operate these systems. In contrast, Austria accepts private providers; however, according to the BGH, their systems do not offer comparable levels of government security or oversight.

BGH II ZB 13/24 (25 February 2026)