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
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.
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:
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:
Yes! Being a Qualified Trust Service Provider, Penneo enables the creation of both Advanced & Qualified Electronic Signatures.
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)