Electronic Signatures Legality Guide
Learn about the e-signature regulations and technology preferences around Europe and how they affect the legal validity of your contracts when operating cross-border
Denmark
Sweden
Norway
Finland
Belgium
Denmark
Denmark
Being part of the EU, Denmark is subject to the eIDAS Regulation, which created standards granting electronic signatures and e-identities the same legal standing as their physical counterparts.
All e-signatures can be used to sign documents online, and the law prohibits discrimination against a signature on the sole grounds that it is in electronic form. In other words, whatever method is used to sign electronically, it will always be up to the judge to decide whether the signature should be considered valid or not in the specific case.
While all e-signatures are potentially court-admissible, not all of them have the same legal standing as a handwritten signature. Based on their security level, eIDAS defines three types of e-signatures: Simple E-Signatures (SES), Advanced E-Signatures (AES), and Qualified E-Signatures (QES).
Each Member State can define use cases where documents can be signed with a simple e-signature and situations when advanced or qualified e-signatures are instead required. Moreover, each country can decide to require a handwritten signature for specific cases.
Signature type required by law
Simple E-Signatures (SES)
Simple e-signatures can be used in all cases where a signature needs to be applied to a document, except for the situations where the law requires an advanced or qualified e-signature.
SES can be used for:
- Annual reports can be signed with simple electronics signatures created by uploading a picture of your handwritten signature
- HR documents, such as employment contracts, NDAs, etc.
- Commercial agreements, including purchase orders, procurement documents, sales agreements, invoices
- Consumer agreements, including new retail account opening documents, sales terms, services terms, software licenses, order confirmations, shipment documentation
- Commercial real estate documents, including lease agreements (except termination notices under residential leases), purchase and sales contracts, and other related documentation for residential and commercial real estate
Advanced E-Signatures (AES) & Qualified E-Signatures (QES)
In Denmark, the legislation provides for situations where both AES and QES can be used to sign documents. However, even in such cases, a QES is to be preferred over an AES for the higher security it provides.
AES or QES which meet the requirements established under the Danish OCES standard (Offentlige Certifikater til Elektronisk Service) must be used for:
- Annual reports and minutes and resolutions of AGMs, board meetings, and shareholder meetings can be signed digitally after authentication via the national identification system, NemID or MitID. The Danish Business Authority (Erhvervsstyrelsen) requires that the signed document show a unique reference demonstrating the validity of the digital signature and the identity of the signers. Besides digital signatures via eID, annual reports can also be signed with simple electronics signatures created by uploading a picture of your handwritten signature.
- Applications for registration, financial statements and other documents received by the Commerce and Companies Agency under the Danish Companies Act may be in hard copy or electronic form and have equal legal status, whatever their form. Where the Danish Companies Act requires a document to be signed, such requirement may be satisfied by a personal signature, an automatically reproduced signature, or a digital or similar electronic signature. The Danish Business Authority dictates rules on the use of and registration in the Agency’s IT system, the publication of documents and other notices, the electronic filing of documents, etc.
- Documents described in Section 478 of the Danish Administration of Justice Act (Retsplejeloven)
- Documents described in Section 7 of the Danish Land Registration Act (Tinglysningsloven)
- Certain loan agreements, under section 36 of the Danish Act on Credit Agreements (Kreditaftaleloven)
Handwritten Signatures
- Prenuptial agreements
- Notarial will and witness testament, for which handwritten signatures or formal notarial process are explicitly required (sec. 63, 64, and 66 of the Danish Inheritance Act – Arveloven)
- Signatures on the lease agreement and other agreements on the leased property must be drawn up in writing when one of the parties is exempt from Digital Post (section 4), and the landlord’s notification of rental agreement’s termination (pursuant to section 4.3) cannot be submitted as digital documents (Danish Rent Act – Lejeloven)
Can you use Penneo to sign digitally in Denmark?
Yes! Being a Qualified Trust Service Provider, Penneo enables the creation of both Advanced & Qualified Electronic Signatures.
Besides NemID and MitID, you can use other eIDs to sign with Penneo – such as Swedish BankID, Norwegian BankID, FTN, and itsme®.
If you don’t have any eID, you can use Penneo’s Touch signature to create a simple e-signature by drawing it, typing your name, or uploading a picture of your signature.
As the regulatory landscape is constantly evolving, and stricter requirements for the validity of e-signatures might be implemented in the future, relying on a Qualified Trust Service Provider is the safest choice. Besides, it will prove to be an excellent investment in future-proofing your business, ensuring compliance, and securing smooth cross-border collaboration.
DISCLAIMER: The content provided on this website is intended to help understand the legal framework of e-signatures and not to serve as legal advice. As laws and regulations may change often, we cannot guarantee the accuracy of the information presented, as it may not be up to date with the most recent legal developments. Penneo disclaims all liability with respect to this material, expressed or implied, to the maximum extent permitted by law. We suggest consulting a licensed attorney in your area for advice on specific legal issues and jurisdictions. (Last updated: June 2022)
Sweden
Sweden
Being part of the EU, Sweden is subject to the eIDAS Regulation, which created standards granting electronic signatures and e-identities the same legal standing as their physical counterparts.
All e-signatures can be used to sign documents online, and the law prohibits discrimination against a signature on the sole grounds that it is in electronic form. In other words, whatever method is used to sign electronically, it will always be up to the judge to decide whether the signature should be considered valid or not in the specific case.
While all e-signatures are potentially court-admissible, not all of them have the same legal standing as a handwritten signature. Based on their security level, eIDAS defines three types of e-signatures: Simple E-Signatures (SES), Advanced E-Signatures (AES), and Qualified E-Signatures (QES).
Each Member State can define use cases where documents can be signed with a simple e-signature and situations when advanced or qualified e-signatures are instead required. Moreover, each country can decide to require a handwritten signature for specific cases.
Signature type required by law
Simple E-Signatures (SES)
Simple e-signatures can be used in all cases where a signature needs to be applied to a document, except for the situations where the law requires an advanced or qualified e-signature.
SES can be used for:
- HR documents (except termination notices), including employment contracts, NDAs, etc.
- Commercial agreements, including purchase orders, procurement documents, sales agreements, invoices
- Consumer agreements, including new retail account opening documents, sales terms, services terms, software licenses, order confirmations, shipment documentation
- Residential and commercial lease agreements
- Intellectual property licenses, such as patent, copyright, trademark, and other intangible property transfers
Advanced E-Signatures (AES)
AES or QES must be used for:
- Annual reports prepared in an electronic form (Ch. 2 Sec. 7 of the Annual Reports Act – Årsredovisningslagen)
- Some real estate documents, such as the assignment agreement and the deposit agreement – according to the newly amended Real Estate Brokers Act (Sec. 5 of the Fastighetsmäklarlag of 2021)
- Certificates created in electronic form (Ch. 1 Sec. 5a of the Banking and Financing Business Regulation – Förordning om bank- och finansieringsrörelse)
- Electronic offers if demanded by the procuring entity, under:
- Ch. 10 Sec. 3 of the Act on Procurement in the Defence and Security Sector – Lag om upphandling på försvars- och säkerhetsområdet
- Ch. 9 Sec. 3 of the Act on Procurement within the Sectors Water, Energy, Transportation and Postal Services – Lag om upphandling inom områdena vatten, energi, transporter och posttjänster
- Ch. 12 Sec. 7 of the Act on Public Procurement – Lag om offentlig upphandling
- Summons applications in civil cases and power of attorney (Ch. 33 Sec. 1a and Ch. 12 Sec. 8 of the Swedish Code of Judicial Procedure – Rättegångsbalken)
- Record of revenues created electronically (Sec. 26 of the Act on Transparency in the Financing of Political Parties – Lag om insyn i finansiering av partier)
- Other documents for which an AES or QES is required under:
- the Companies Act (Ch. 1 Sec. 13 Aktiebolagslagen)
- the Act on Economic Associations (Ch. 1 Sec. 7 Lag om ekonomiska föreningar)
- the Auditing Act (Sec. 2a Revisionslag)
- the Consumer Credit Act – Sec. 43 of the Konsumentkreditlagen
- the Act on Membership Banks (Ch. 1 Sec. 7 of the Lag om medlemsbanker)
- the Foundation Act (Ch. 1 Sec. 9 of the Stiftelselag)
- the Savings-bank Act (Ch. 1 Sec. 4 of the Sparbankslag)
- the Credit Sales Between Undertakings Act (Sec. 11 of the Lag om avbetalningsköp mellan näringsidkare m.fl.)
Qualified E-Signatures (QES)
QES must be used for:
- Certain contracts governed by family law, such as marriage contracts and cohabitant contracts (Ch. 7 Sec. 3 Marriage Code – Äktenskapsbalken and Sec. 9 Cohabitees Act – Sambolagen)
Handwritten Signatures
- Documents that transfer the rights to a property or an asset cannot be submitted electronically (Swedish Land Code – Jordabalk). However, the Government and authorized authorities may issue regulations stating that an application for registration may be submitted in the form of an electronic document.
- Share certificates, issue certificates, convertible instruments issued in the form of debentures, and warrant certificates (ch. 6 sec. 3 and ch. 11 sec. 6 of the Swedish Companies Act – Aktiebolagslag).
- Will and testamentary documents shall be drawn up in writing and signed in the simultaneous presence of two witnesses, who shall certify the deed with their names (ch. 10 sec. 1 of the Swedish Inheritance Act – Ärvdabalk).
Special Cases
- Advanced e-signatures can be used for annual reports, financial statements, and minutes and resolutions of AGMs, board meetings, and shareholder meetings in accordance with the Swedish Companies Act, the Annual Accounts Act, and the Economic Associations Act. However, the annual report must be submitted to the Swedish Companies Registration Office (SCRO) together with a so-called verification page, informing that the signatures were made electronically, proving their validity, and linking the signatures to the documents signed. Such a page must include information about the signers’ identities and the time of signature, and enable the verification of the validity and authenticity of the signatures. Moreover, some documents (such as confirmation certificates and notifications) must always be hand-signed and submitted in original or via the SCRO’s e-service. Thus, the annual report can either be signed digitally and then printed and attached to the hand-signed confirmation certificates and notifications and mailed to the SCRO; or it can be submitted electronically via the SCRO’s e-service, by the board member or CEO who signs the confirmation certificate and logs in with their eID to review, sign, and send in the annual report.
- Employment termination and dismissal notices shall be delivered to the employee personally or via registered letter to the employee’s last known address (sec. 10, 20, and 38 of the Swedish Employment Protection Act – Lag om anställningsskydd). However, this does not mean that a notice of termination cannot be signed electronically; it just means that a physical copy of the notice must still be delivered to the employee.
Can you use Penneo to sign digitally in Sweden?
Yes! Being a Qualified Trust Service Provider, Penneo enables the creation of both Advanced & Qualified Electronic Signatures.
Besides Swedish BankID, you can use other eIDs to sign with Penneo – such as Norwegian BankID, MitID, NemID, FTN, and itsme®.
If you don’t have any eID, you can use Penneo’s Touch signature to create a simple e-signature by drawing it, typing your name, or uploading a picture of your signature.
As the regulatory landscape is constantly evolving, and stricter requirements for the validity of e-signatures might be implemented in the future, relying on a Qualified Trust Service Provider is the safest choice. Besides, it will prove to be an excellent investment in future-proofing your business, ensuring compliance, and securing smooth cross-border collaboration.
DISCLAIMER: The content provided on this website is intended to help understand the legal framework of e-signatures and not to serve as legal advice. As laws and regulations may change often, we cannot guarantee the accuracy of the information presented, as it may not be up to date with the most recent legal developments. Penneo disclaims all liability with respect to this material, expressed or implied, to the maximum extent permitted by law. We suggest consulting a licensed attorney in your area for advice on specific legal issues and jurisdictions. (Last updated: June 2022)
Norway
Norway
As Norway is associated with the EU through its membership in the European Economic Area (EEA), the country decided to adopt an internal law implementing the provisions of the eIDAS Regulation – which created standards granting electronic signatures and e-identities the same legal standing as their physical counterparts.
Norway incorporated eIDAS into Norwegian law through the “Act on implementation of the eIDAS EU Regulation” of 2018 (Lov om elektroniske tillitstjenester).
Under eIDAS, all e-signatures can be used to sign documents online, and the law prohibits discrimination against a signature on the sole grounds that it is in electronic form. In other words, whatever method is used to sign electronically, it will always be up to the judge to decide whether the signature should be considered valid or not in the specific case.
While all e-signatures are potentially court-admissible, not all of them have the same legal standing as a handwritten signature. Based on their security level, eIDAS defines three types of e-signatures: Simple E-Signatures (SES), Advanced E-Signatures (AES), and Qualified E-Signatures (QES).
Each Member State (and countries where the Regulation applies on the basis of international law and national implementation, like Norway) can define use cases where documents can be signed with a simple e-signature and situations when advanced or qualified e-signatures are instead required. Moreover, each country can decide to require a handwritten signature for specific cases.
Signature type required by law
Simple E-Signatures (SES)
Simple e-signatures can be used in all cases where a signature needs to be applied to a document, except for the situations where the law requires an advanced or qualified e-signature.
SES can be used for:
- HR documents, including employment onboarding documents, benefits paperwork, NDAs, etc.
- Commercial agreements, including procurement documents, sales agreements, consumer transactions, software licenses
- Renting and leasing agreements
- Corporate resolutions
- Banking and insurance agreements
- Certain intellectual property licenses
Advanced E-Signatures (AES)
- Documents that relate to public tenders, if a QES is not specifically required
- Deed of conveyance filed with the help of a real estate agent who is registered with the Norwegian Mapping Authority (Kartverket)
Qualified E-Signatures (QES)
- Identity verification of a person under the Hvitvaskingsforskriften (section 4-3) when the identity is not to be confirmed in person
- Some documents that relate to real estate
- Documents that relate to the submission of public tenders, if an AES is not admitted
Handwritten Signatures
- Marriage and pre-marital agreements, and marriage settlements must be entered into in writing by hand-signing (ch. 11 sec. 54 of the Norwegian Marriage Act – Ekteskapsloven)
- Testaments, wills, and springing power of attorney to manage a person’s financial affairs if they become incapacitated (as an alternative to a government-appointed guardianship)
Special Cases
- Annual reports, annual accounts, and financial statements must be submitted electronically via Altinn, a portal serving as a single access point for businesses to government reporting. As the Norwegian Companies Act is technology-neutral, both physical and electronic signatures are admitted.
- Employment termination and dismissal notices shall be delivered to the employee personally or via registered letter to the employee’s last known address (ch. 15 sec. 4 of the Norwegian Working Environment Act – Arbeidsmiljøloven). However, this does not mean that a notice of termination cannot be signed electronically; it just means that a physical copy of the notice must still be delivered to the employee.
- Corporate documents (like minutes of board meetings and shareholder meetings) can be created as a paper document or through the Register of Business Enterprises’ electronic solution for founding limited companies. This means that handwritten signatures are required unless the documents are electronically signed on the platform provided by the Registry of Business Enterprises (Norwegian Companies Act – Aksjeloven)
Can you use Penneo to sign digitally in Norway?
Yes! Being a Qualified Trust Service Provider, Penneo enables the creation of both Advanced & Qualified Electronic Signatures.
Besides the Norwegian BankID, you can use other eIDs to sign with Penneo – such as Swedish BankID, MitID, NemID, FTN, and itsme®.
If you don’t have any eID, you can use Penneo’s Touch signature to create a simple e-signature by drawing it, typing your name, or uploading a picture of your signature.
As the regulatory landscape is constantly evolving, and stricter requirements for the validity of e-signatures might be implemented in the future, relying on a Qualified Trust Service Provider is the safest choice. Besides, it will prove to be an excellent investment in future-proofing your business, ensuring compliance, and securing smooth cross-border collaboration.
DISCLAIMER: The content provided on this website is intended to help understand the legal framework of e-signatures and not to serve as legal advice. As laws and regulations may change often, we cannot guarantee the accuracy of the information presented, as it may not be up to date with the most recent legal developments. Penneo disclaims all liability with respect to this material, expressed or implied, to the maximum extent permitted by law. We suggest consulting a licensed attorney in your area for advice on specific legal issues and jurisdictions. (Last updated: June 2022)
Finland
Finland
Being part of the EU, Finland is subject to the eIDAS Regulation, which created standards granting electronic signatures and e-identities the same legal standing as their physical counterparts. Other key laws that regulate the use of electronic signatures in Finland include:
- the “Finnish Act on Strong Electronic Identification and Electronic Trust Services” (617/2009) which implements and supplements the eIDAS Regulation, and
- the “Finnish Act on Electronic Services and Communication in the Public Sector” (13/2003) which regulates how the public sector can sign documents electronically.
All e-signatures can be used to sign documents online, and the law prohibits discrimination against a signature on the sole grounds that it is in electronic form. In other words, whatever method is used to sign electronically, it will always be up to the judge to decide whether the signature should be considered valid or not in the specific case.
While all e-signatures are potentially court-admissible, not all of them have the same legal standing as a handwritten signature. Based on their security level, eIDAS defines three types of e-signatures: Simple E-Signatures (SES), Advanced E-Signatures (AES), and Qualified E-Signatures (QES).
Each Member State can define use cases where documents can be signed with a simple e-signature and situations when advanced or qualified e-signatures are instead required. Moreover, each country can decide to require a handwritten signature for specific cases.
Signature type required by law
Simple E-Signatures (SES)
Simple e-signatures can be used in all cases where a signature needs to be applied to a document, except for the situations where the law requires an advanced or qualified e-signature.
SES can be used for:
- HR documents, including employment contracts, onboarding documents, benefits paperwork, NDAs, etc.
- Commercial agreements, including procurement documents and sales agreements
- Consumer agreements, including new retail account opening documents
- Residential and commercial real estate documents, lease agreements, purchase and sales contracts, and other related documentation for residential and commercial real estate
Advanced E-Signatures (AES)
- Corporate documents, including minutes of shareholders or board meetings, memoranda of association, and share certificates (Finnish Companies Act – Osakeyhtiölaki 624/2006)
- For the annual report to submit to the Finnish Trade Register (Kaupparekister), and for corporate documents – including minutes of shareholders or board meetings, memoranda of association, and share certificates – both e-signatures and scans of manuscript signatures are accepted (Finnish Companies Act – Osakeyhtiölaki 624/2006) .
- Financial statements can be signed electronically, but they must be dated separately, i.e. indicate the date of approval of the financial statements (the date of electronic signature alone is not enough, as signatories may have signed electronically on different dates).
- In some cases, the Trade Register approves electronically signed documents as enclosures of notifications, for example:
- general meeting and board meeting minutes;
- limited liability companies’ start-up notifications;
- powers of attorney that authorize to sign notifications on paper;
- affirmations and certificates filed on the Trade Register appendix form; and
- financial statements and annual reports that are filed directly with the Trade Register
- According to the Finnish Companies Act and Accounting Act, all official documents and contracts with the Public Sector (unless an alternative means is used which can still ensure the authenticity and integrity of the document)
Qualified E-Signatures (QES)
- Mortgage application (Finnish Code of Real Estate – Maakaari 540/1995)
Handwritten Signatures
- Contracts governed by family law or inheritance law, such as prenuptial agreements and testaments, which require the signatures of witnesses in order to be valid (Perintökaari 40/1965)
- Contracts that require notarization, such as real property transfer contracts, estate distribution, partition of property, and deeds (except leases and rental agreements), unless explicitly allowed by the Code of Real Estate – Finnish Code of Real Estate – Maakaari 540/1995
Can you use Penneo to sign digitally in Finland?
Yes! Being a Qualified Trust Service Provider, Penneo enables the creation of both Advanced & Qualified Electronic Signatures.
Besides FTN, you can use other eIDs to sign with Penneo – such as Swedish BankID, Norwegian BankID, MitID, NemID, and itsme®.
If you don’t have any eID, you can use Penneo’s Touch signature to create a simple e-signature by drawing it, typing your name, or uploading a picture of your signature.
As the regulatory landscape is constantly evolving, and stricter requirements for the validity of e-signatures might be implemented in the future, relying on a Qualified Trust Service Provider is the safest choice. Besides, it will prove to be an excellent investment in future-proofing your business, ensuring compliance, and securing smooth cross-border collaboration.
DISCLAIMER: The content provided on this website is intended to help understand the legal framework of e-signatures and not to serve as legal advice. As laws and regulations may change often, we cannot guarantee the accuracy of the information presented, as it may not be up to date with the most recent legal developments. Penneo disclaims all liability with respect to this material, expressed or implied, to the maximum extent permitted by law. We suggest consulting a licensed attorney in your area for advice on specific legal issues and jurisdictions. (Last updated: June 2022)
Belgium
Belgium
Being part of the EU, Belgium is subject to the eIDAS Regulation, which created standards granting electronic signatures and e-identities the same legal standing as their physical counterparts.
All e-signatures can be used to sign documents online, and the law prohibits discrimination against a signature on the sole grounds that it is in electronic form. In other words, whatever method is used to sign electronically, it will always be up to the judge to decide whether the signature should be considered valid or not in the specific case.
While all e-signatures are potentially court-admissible, not all of them have the same legal standing as a handwritten signature. Based on their security level, eIDAS defines three types of e-signatures: Simple E-Signatures (SES), Advanced E-Signatures (AES), and Qualified E-Signatures (QES).
Each Member State can define use cases where documents can be signed with a simple e-signature and situations when advanced or qualified e-signatures are instead required. Moreover, each country can decide to require a handwritten signature for specific cases.
Signature type required by law
Simple E-Signatures (SES) & Advanced E-Signatures (AES)
Simple and advanced e-signatures can be used in all cases where a signature needs to be applied to a document, except for the situations where the law requires an advanced or qualified e-signature.
SES & AES can be used for:
- Annual reports, which must be then filed electronically to the National Bank of Belgium according to the predefined format determined by the Central Balance Sheet Office
- Ordinary rental and lease agreements
- Commercial agreements, such as sales agreements, procurement documents, NDAs
- Certain corporate documents, such as the assignment of nominative shares, stocks or bonds when recorded on relevant registries
- Consumer agreements, including new retail account opening documents
Qualified E-Signatures (QES)
- Minutes and resolutions of board meetings and shareholders’ meetings
- Certain forms, including tax returns and applications, filed with public authorities
- Employment contracts (Article 3bis of the Employment Contracts Act)
- Consumer credit contracts
- Contracts requiring by law the involvement of the courts, government/public authorities, or professions exercising a public service (e.g., a notary), and documents that would need to be filed with official instances such as the clerk’s office, notary public, bank, etc.
- Connect to government e-services (my eBox, MyMinFin)
Handwritten Signatures
- Contracts which create or transfer rights in real estate and contracts for personal and real guarantees given by persons acting for purposes other than their trade, business or profession (Code de droit économique / Wetboek van economisch recht)
- Contracts governed by family law or inheritance law, e.g., prenups, wills, deeds of adoption, divorce agreements, etc. (Code Civil / Nieuw Burgerlijk Wetboek)
- Contracts of suretyship granted and involving collateral securities furnished by persons acting for purposes outside their trade, business or profession (Article XII.16 of the Economic Law Code)
Can you use Penneo to sign digitally in Belgium?
Yes! You can use itsme® to create Advanced Electronic Signatures in Belgium via Penneo, which is a Qualified Trust Service Provider.
Besides itsme®, you can use other eIDs to sign with Penneo – such as Swedish BankID, Norwegian BankID, MitID, NemID, and FTN.
If you don’t have any eID, you can use Penneo’s Touch signature to create a simple e-signature by drawing it, typing your name, or uploading a picture of your signature.
As the regulatory landscape is constantly evolving, and stricter requirements for the validity of e-signatures might be implemented in the future, relying on a Qualified Trust Service Provider is the safest choice. Besides, it will prove to be an excellent investment in future-proofing your business, ensuring compliance, and securing smooth cross-border collaboration.
DISCLAIMER: The content provided on this website is intended to help understand the legal framework of e-signatures and not to serve as legal advice. As laws and regulations may change often, we cannot guarantee the accuracy of the information presented, as it may not be up to date with the most recent legal developments. Penneo disclaims all liability with respect to this material, expressed or implied, to the maximum extent permitted by law. We suggest consulting a licensed attorney in your area for advice on specific legal issues and jurisdictions. (Last updated: June 2022)
