COURT-ADMISSIBLE

Yes

GENERAL BUSINESS USE

Yes

E-SIGNATURE LEGAL MODEL

Tiered

eSignature Legality Summary

According to Danish law, Electronic Signatures are legal in the country and can be produced in a court of law for nearly every business agreements. According to the law of the land, traditional or wet signatures are not mandatory for an agreement or contract to be valid. Sections 344 and 880 in the Danish Administration of Justice Act allows contracting parties to provide electronic records obtained from leading transaction management solution providers as evidence in the court of law. It is safe to say that Electronic Signatures in Denmark are admissible to support the validity of a contract.

 

eIDAS Regulation came into effect on 1st  July 2016 and superseded the eSignatures Directive (1999/93/EC) and went on to become mandatory for all the member states of the European Union. According to Article 25(1) of eiDAS Regulation, an electronic signature cannot be denied permissibility to be admissible in courts just on the basis of its electronic nature or not meeting the requirements of a QES (Qualified Electronic Signature). On the other hand, Articles 25(2) and (3) ensure a QES is considered being on par with traditional wet signatures and once used in any member state of the EU, becomes recognizable across all the member states.

Use cases where an SES is appropriate are:

  • * HR documents related to hiring and onboarding, benefits, termination and NDAs
  • * Commercial agreements, NDAs, POs, procurement documents, agreements, invoices, distribution agreements, service agreements
  • * Retail account opening documents, sales terms, services terms, software licenses, purchase orders, invoices, shipment documentation, user manuals, polices
  • * Lease agreements (except termination notices under residential leases), purchase and sales contracts, and other related documentation
  • * Copyright licenses for intangible property transfers
  • * Intellectual property license, patent filing, trademark and software licenses

Use cases where an electronic signature other than SES may be required include (AES – Advanced Electronic Signature and QES – Qualified Electronic Signature)

  • * AES or QES are required for all the documents described under Section 478 of the Danish Administration of Justice Act
  • * AES or QES are also required for documents described under Section 7 of the Danish Land Registration Act (“Tinglysningsloven”)
  • * AES or QES is also applicable for certain types of loan agreements (section 36 of the Danish Act on Credit Agreements) (“Kreditaftaleloven”)

Use cases that are specifically barred from digital or electronic processes

  • * Notarial process for certain wills under Danish Inheritance Act
  • * Registration of marriage contracts under Danish Act on Spouses’ Economic Conditions
  • * Registration of certain contracts regarding transfer of rights relating to real property
  • * Contracts pertaining to transfer of personal property
  • * Certain forms of termination notice regarding residential lease agreements
  •  

Local Technology Standards

Denmark supports tiered electronic signature legality model and the concept of QES (Qualified Electronic Signature) that is accredited by an approved certification body. While the requirement of QES is limited in Denmark, as a member of the EU, it follows ETSI (European Telecommunications Standards Institute) standards to define the technical validity of QES.

DISCLAIMER: This information is intended to help you understand the legal framework of electronic signatures. However, eMudhra cannot provide legal advice. The law of electronic signatures is constantly evolving. This guide is not intended as legal advice and should not serve as a substitute for professional legal advice. You should consult an attorney regarding any specific legal concerns. eMudhra, and all associates including agents, officers, employees, or affiliates, are not liable for any direct, indirect, incidental, special, exemplary, or consequential damages.

ABOUT THE GUIDE

The eSignature Legality Guide is the result of legal research into the laws and practices regarding eSignature on a country-by-country basis. Each country-level analysis was conducted by local law firms located in that country, in that country’s local language. This legal analysis was then supplemented with complementary research on eSignature and digital signature technology standards conducted by independent technology experts. Together, this information is provided as a public resource to understand eSignature legality, and clarify some of the common misconceptions about international eSignature legality.

COURT-ADMISSIBLE

A basic measure of eSignature legality in a country is whether courts will admit eSignatures as evidence in court. In most countries in the world, an eSignature cannot be rejected simply because it is electronic, meaning that it should be admissible, subject to proof. Learn more about how DocuSign helps you prove an eSignature validity in court, below.

GENERAL BUSINESS USE

While there are exceptions for very specific types of transactions, eSignatures, independent of the underlying technology, may be used for the majority of general business transactions in most countries. Issues that may restrict general business use include local technology requirements or other restrictions on special transactions types. Learn more about specific transaction types, below.

E-SIGNATURE LEGAL MODEL

‘Tiered’ countries recognize Qualified Electronic Signature (QES, or the locally named equivalent) as a distinct type of eSignature. In these countries, a QES has special legal status in the form of presumed authenticity, and may be legally required for a few, specific transaction types. In spite of this, a non-QES eSignature can still be submitted as evidence in court even in Tiered countries, so long as the party presenting it has sufficient evidence to prove that it is valid. Countries imposing QES standards often struggle to promote electronic business transactions, especially across country borders. ‘Open’ countries have no such technology requirements or eSignature types that receive special legal status. Learn more about eSignature legality at https://www.emsigner.com/

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