Denmark, a highly digitized country consistently ranked among the top in the European Union for its digital public services, has a robust and long-standing legal framework for electronic signatures. The legality of electronic signatures in Denmark is primarily governed by the eIDAS Regulation (EU Regulation No. 910/2014), which is directly applicable across all EU member states.
The Danish legal system, being a blend of civil and common law traditions, generally adheres to the principle of “freedom of contract” (enshrined in the Danish Contracts Act – Aftaleloven). Under this principle, a contract is valid if competent parties reach an agreement, regardless of whether that agreement is verbal, written on paper, or electronic. Therefore, electronic contracts and signatures are widely recognized and accepted.
The eIDAS Regulation establishes a tiered system for electronic signatures, with the level of legal assurance increasing with the security of the signature type:
1. Standard Electronic Signature (SES): The most basic form, such as a typed name, a scanned signature, or an “I Agree” checkbox. It is admissible as evidence in court, but its legal weight in a dispute is left to the judge’s discretion.
2. Advanced Electronic Signature (AES): Uniquely linked to the signer, capable of identifying them, and linked to the data in such a way that any subsequent change is detectable. This provides a higher degree of legal assurance.
3. Qualified Electronic Signature (QES): The highest level of security. It is an AES that is created using a Qualified Signature Creation Device (QSCD) and based on a qualified certificate issued by a Qualified Trust Service Provider (QTSP). A QES holds the statutory legal equivalence of a handwritten signature in all EU member states, including Denmark.
Crucially, the eIDAS regulation establishes the principle of non-discrimination, meaning an electronic signature cannot be denied legal effect and admissibility as evidence solely because it is in an electronic form.
Legal Framework
The core legal instruments governing electronic signatures in Denmark are:
| Legal Instrument | Scope and Impact |
| eIDAS Regulation (EU No. 910/2014) | While not law themselves, these frameworks provide the necessary technology for creating high-level electronic signatures. MitID (the successor to NemID) is Denmark’s national eID and is used to develop QES/AES compliant signatures for all citizens and businesses, which are widely accepted by public authorities and the financial sector. |
| Danish Contracts Act (Aftaleloven) | General principle of contract law. Establishes that contracts are binding if two parties agree, regardless of the medium (written, verbal, or electronic), unless a specific law mandates a written form. |
| The Act on Electronic Signatures (Lov om elektroniske signaturer) | National legislation that supplements the eIDAS Regulation. |
| National Digital Identity Solutions (NemID/MitID) | While not law themselves, these frameworks provide the necessary technology for creating high-level electronic signatures. MitID (the successor to NemID) is Denmark’s national eID and is used to develop QES/AES compliant signatures for all citizens and businesses, which are widely accepted by public authorities and the financial sector. |
Documents That Can Be Signed Electronically
Given the high degree of digital adoption and the “technology neutral” approach of eIDAS, the vast majority of commercial, administrative, and consumer documents can be legally signed with a valid electronic signature, most commonly with an AES or QES using the national MitID scheme.
Standard Use Cases (SES, AES, or QES):
1. Commercial Contracts: Sales agreements, NDAs, partnership agreements, purchase orders, commercial lease agreements, and intellectual property licenses.
2. Human Resources: Employment contracts, employee invention agreements, termination notices (though QES is preferred for high-risk documents like termination), and internal policy acknowledgments.
3. Financial Services: Account opening forms, loan agreements (often requiring AES or QES), and insurance policies.
4. Corporate Filings: Annual reports, applications for registration, and other documents submitted to the Danish Business Authority (Erhvervsstyrelsen).
5. Government Interaction: Digital tax filings, public services applications, and general correspondence with public authorities (which typically mandate the use of MitID-based QES).
High-Assurance Use Cases (QES typically required/preferred):
1. Real Estate: Final registration and transfer of title with the Danish Land Registry (Tinglysningsretten). While the initial contract may use an AES, the actual registration usually requires the highest level of assurance, often through MitID/NemID, which can generate a QES.
2. Enforcement Documents: Instruments of debt or agreements explicitly intended to be used as a basis for enforcement proceedings without a court order (a QES or a high-security AES is usually necessary).
3. Documents under the Land Registration Act: Certain documents requiring registration to be legally enforceable against third parties (e.g., mortgages).
Documents That Cannot Be Signed Electronically (Exclusions)
While e-signatures are the rule, Danish law, in line with Recital 49 of eIDAS, maintains specific formal requirements for certain documents, which often necessitate a wet-ink signature, a specific physical process, or notarization. These are typically documents of a highly personal, solemn, or judicial nature.
Common Exclusions/Exceptions:
1. Wills and Testaments: Under the Danish Inheritance Act (Arveloven), a will must be executed with strict formalities, usually requiring two witnesses or a notary public, which currently prohibits the use of electronic signatures.
2. Certain Family Law Documents: This includes marriage settlements and prenuptial agreements, which often require physical signing and/or involvement of a public authority to ensure the parties fully understand the consequences.
3. Bearer Bonds (Ihabendeobligationer): Certain specific financial instruments that, by their nature, require a physical document to establish ownership.
4. Specific Judicial/Notarial Deeds: Although the trend is towards digitalization, any act that a specific national law mandates must be executed as a public deed or in the physical presence of a notary or witness may still require a wet-ink signature, unless that law has been specifically amended to accept a QES.
Notable Changes in the Laws
The legality of e-signatures in Denmark has seen its most significant evolution through the replacement of national digital identity schemes, rather than fundamental changes to the underlying eIDAS regulation itself.
A. Transition from NemID to MitID: The most significant recent change is the phased transition from the long-standing NemID system to the new MitID system as the national eID. This transition is aimed at improving security, user-friendliness, and compliance with the latest European standards. As MitID is the primary mechanism for Danish citizens and businesses to create a QES, its implementation is a critical step in maintaining the nation’s high-level electronic signature capability.
B. Streamlining Real Estate Transactions: The Danish Land Registry has been at the forefront of digitalizing property transfers. Over time, the formal requirements for registering deeds have evolved to accept signatures executed via the national eID (NemID/MitID), confirming that a QES is sufficient for even the most high-stakes property transactions, where a handwritten signature was once mandatory.
C. Focus on Enforcement: Recent court decisions, such as those from the Danish Supreme Court, have provided clarity by confirming that an AES (especially one supported by multi-factor authentication) is legally binding for high-value business agreements, but reinforcing that a QES offers a non-rebuttable legal equivalence, which significantly streamlines evidence in legal proceedings.
The overall trajectory of Danish law is one of continued full acceptance and integration of e-signatures, utilizing the QES as the default standard for any transaction where a wet-ink signature would traditionally have been required.
Disclaimer
The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing the subject matter may change quickly, so Flowmono cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a legal practitioner in your area.
References
- Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation).
- Danish Contracts Act (Aftaleloven).
- The Act on Electronic Signatures (Lov om elektroniske signaturer).
- Danish Inheritance Act (Arveloven), specifically sections regulating the form requirements for wills.
- Danish Land Registration Act (Tinglysningsloven), governing the registration of property rights.
