The Legality of eSignatures in Denmark

Documents that can be electronically signed

Simple electronic signatures can be used in Denmark in the use cases below:

• Commercial agreements between corporate entities such as NDAs, procurement documents, purchase orders, sales agreements, invoices, and more
• HR documents including employment contracts, non-disclosure agreements, privacy notices, etc
• Real estate documents including lease agreements, purchase and sales contracts, and other related documentation
• Consumer agreements e.g., sales terms, new retail account opening documents, services terms, order confirmations, and more
• Software licenses
• Licenses of intellectual property

For certain types of documents, other electronic signatures may be required, these documents include:

• Certain loan agreements – AES or QES (section 36 of the Danish Act on Credit Agreements)
• Documents described in Section 478 of the Danish Administration of Justice Act – AES or QES
• Documents described in Section 7 of the Danish Land Registration Act

Documents that may not be electronically signed

In Denmark, there are specific use cases that do not permit the use of electronic signatures and require a handwritten signature and formal notarial processes that are not typically compatible with e-signatures or digital transactions. The main example of when e-signatures cannot be used is when transferring authors’ rights or licenses subscribed by the original rights holder.

Types of e-signatures permitted in Denmark

The eIDAS regulation defines an electronic signature as data in electronic form which is attached or logically associated with other data in electronic form and which is used by the signatory to sign. It distinguishes between three types of e-signature, simple, advanced, and qualified.

• Simple – the most basic form of e-signature that can be in the form of typing your name at the bottom of an email or checking an approval box. There are no specific security or identity verification requirements for a simple e-signature.
• Advanced – this type of signature is uniquely linked to the signer, can accurately identify the signer, is created using data that the signer can be confident is under their sole control and is linked to the data in a way that detects any subsequent changes that are made. Advanced electronic signatures are more secure than simple signatures and are legally binding in most use cases.
• Qualified – this type of signature is similar to advanced but has additional requirements providers must adhere to. They must be certified based on public keys that have been issued using proper technological means. This means that the identity verification process is multi-step, using both encrypted keys and two-factor authentication.

Denmark does not have a separate definition for electronic signatures outside of the one established by eIDAS.

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

• Regulation (EU) No 910/2014
• Danish Land Registration Act

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction. 

Last Updated 9th October 2024