Digital job references from 2025: modern, legally compliant - and subject to conditions

Since January 1, 2025, employers in Germany have been allowed to issue employment references electronically - provided the employee agrees. The basis for this is the new regulation of Section 109 (3) GewO as part of the Bureaucracy Relief Act IV, which means that for the first time, the electronic form is no longer excluded.

Formal requirements: Consent and qualified signature

Consent of the employee

The reference may only be created digitally if the employee expressly consents to this. Without the employee's consent, the traditional paper form is retained.

Qualified electronic signature (QES)

An electronic certificate must be provided with a qualified electronic signature in order to achieve equivalence with a handwritten signature. Other types of signature such as simple PDF signatures are not sufficient. This ensures that the document is authentic, unalterable and time-stamped.

Issuing person

The digital signature must come from the same person who signs in the analogue case - e.g. management, personnel management or a manager authorized to issue instructions.

Opportunities for employers

• Increased efficiency: No printing, scanning or postage required - certificates can be issued and sent electronically quickly.
• Location-independent: The person authorized to sign does not have to be on site - ideal for remote working.
• Legal and manipulation protection: The QES guarantees the integrity of the document and contains a fixed signature date.
• Sustainability: No more paper and print circulation - good for the environment and your budget.

Risks and limits

• No backdating possible: The time stamp makes retroactive issuance transparent - can be problematic in the case of subsequent certificate claims.
• Additional paperwork may be required: Employees can insist on a paper certificate. Employers must provide this on request.
• Technical effort: QES requires a certificate and secure signature creation - not all companies are prepared for this.
• Formal signature requirements: Signature must not look unusual - otherwise it may be legally invalid.

Practical recommendations

• Obtain consent: Document verifiable consent digitally.
• Create the technical requirements: Ensure access to QES infrastructure and signature certificates.
• Further training & adapting processes: HR employees should be sensitized to new processes.
• Offer a choice: Continue to provide paper certificates - for example, make this clear during the onboarding process.

Conclusion

With the new regulation as of January 1, 2025, the legally compliant introduction of digital employment references will be efficient and modern. However, this requires employee consent, the use of a qualified electronic signature and compliance with formal requirements. Employers should be well prepared to establish digital processes and at the same time be able to respond to individual requests.