Electronic signature laws and validity in Denmark

Denmark is renowned for its forward-thinking approach to technology. But do the Danish laws on eSignatures reflect this same approach? Find out in this guide to eSignature validity in Denmark.

Are electronic signatures legally binding in Denmark?

Like most EU member states, Denmark has confirmed that electronic signatures are legally binding and valid, meaning that they can often be used in place of wet ink signatures and upheld. 

In fact, Denmark were one of the first European countries to embrace the use of eSignatures, with first draft of an eSignature law in Denmark prepared back in 1996. 

Yet, it was actually the EU’s eIDAS Regulation that shaped the way Danish law sees, and protects, the use of electronic signatures today.

Danish laws on electronic signatures

The eIDAS Regulation (EU) No 910/2014

The primary law governing electronic signatures in Denmark is the eIDAS Regulation (EU) No 910/2014, which provides a standardised framework for electronic identification and trust services across the European Union. 

Denmark, as an EU member state, adheres to this regulation. Put simply, the eIDAS Regulation ensures that electronic signatures are given the same legal status as handwritten signatures across the EU, making them legally binding and enforceable.

The eIDAS Regulation recognizes three types of electronic signatures:

• Simple Electronic Signature (SES): This is the most basic form, like typing your name into an email or ticking a box to agree to terms online. While it can be legally binding, the burden of proof falls on the parties to demonstrate its validity if challenged.
• Advanced Electronic Signature (AES): AES is more secure and must meet stricter requirements. It must be uniquely linked to the signer, capable of identifying them, and tamper-evident (i.e., any changes to the document after signing can be detected). It also requires the use of technologies like cryptographic keys or digital certificates.
• Qualified Electronic Signature (QES): QES offers the highest level of security and is legally equivalent to a handwritten signature in all EU member states. It must be created using a qualified electronic signature creation device and based on a qualified certificate issued by a trusted service provider.

Each type offers different levels of security and legal assurance. In Denmark, all three types are legally recognized, but their admissibility may vary depending on the context and type of transaction. However, electronic signatures cannot be denied legal effect and admissibility as evidence in legal proceedings solely because they are electronic form. 

Instead, Danish businesses and individuals are encouraged to use simple and advanced eSignatures for most business contractsm and some government transactions. Meanwhile, they’re advised to use qualified eSignatures for higher-value, or higher-risk transactions, like those involving public sector contracts or regulated industries like finance, or real estate.

While eIDAS sets the broad legal framework, Danish law may also specify additional requirements for certain types of documents. Some transactions still require wet ink signatures or stricter forms of identification, particularly in areas like:

• Real estate transactions: Typically require a handwritten signature or a QES.
• Wills: These must be signed in the presence of witnesses, so electronic signatures are generally not accepted.
• Family law and inheritance: Often require handwritten signatures for certain contracts.

Earlier legislation 

Before the eIDAS was implemented, Denmark had a different piece of legislation governing the use of eSignatures. This was called the Danish Act on Electronic Signatures (in Danish: Lov om elektroniske signaturer). 

It was originally enacted to implement the now-repealed EU Directive 1999/93/EC on electronic signatures, which aimed to create a common framework for electronic signatures across the EU. 

However, much of this law has been superseded by the eIDAS Regulation (EU No 910/2014), which now governs the use of electronic signatures in Denmark and all other EU member states. Nevertheless, the Danish Act on Electronic Signatures still provides some national context and fills in gaps where eIDAS does not directly regulate.

Adoption of eSignatures in Denmark

Denmark leads the European Union (EU) in digital transformation, ranked first in the Digital Economy and Society Index (DESI) for 2021. It isn’t surprising, therefore, that the country was one of the first to properly embrace eSignatures.

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But this is only the beginning, with estimates that the Nordic eSignature market is expected to grow by almost 19 per cent by 2028.

Market growth isn’t the only indication of strong adoption across Denmark, either. Denmark actually have identification solutions that work in tandem with electronic signatures. For example, Danish citizens with a CPR number can use an MitID when interacting with Danish government and public authorities - and in some cases, signing contracts electronically.

In Denmark, around 92 per cent of internet users utilize digital public services, often relying on platforms like NemID and its successor, MitID, for secure electronic signatures and identification in both the private and public sectors​.

How to create legally binding eSignatures

There are various ways to add a legally binding eSignature to a document, whether that's scanning your signature or adding it to a PDF.

However, Denmark does put a focus on security, so the best (and most reliable) ways to eSign documents often involve an eSigning tool (like Docusign), or an end-to-end contract management platform that offers native eSigning capabilities, along with other automations and features that streamline the contract process.

Here’s why Danish businesses and institutions choose Juro to agree contracts digitally: 

• Seamless workflow integration: With Juro, users can send contracts for eSignature directly within the platform, without switching between tools or systems. This eliminates friction and speeds up the process.
• Legally binding eSignatures: Juro supports secure, legally compliant eSignatures that meet international standards, ensuring that your agreements are enforceable across jurisdictions.
• Collaborative signing: Teams can negotiate, edit, and agree on contracts in real-time before sending them for signature, reducing delays and errors. Juro allows multiple parties to sign in sequence or in parallel, depending on the contract’s needs.
• Automated workflows: The platform can automate reminders and approvals, ensuring contracts are signed on time. This feature minimizes bottlenecks and ensures that contracts progress through the signing phase smoothly.
• Single source of truth: Once a contract is signed, it’s stored in a secure, searchable repository within Juro. This means all signed documents are accessible in one place, providing complete visibility over contract status and reducing the risk of misplaced agreements.

By integrating eSignatures into the contract lifecycle, Juro helps businesses close deals faster and manage contracts more effectively, all from one platform.

Want to discover how Juro can transform your digital contract process? Hit the button below to see Juro in action.

Circumstances where electronic signatures may not be valid

While electronic signatures are widely accepted in Denmark, there are specific circumstances where they may not be considered legally binding:

1. Lack of consent: If there is no clear consent from the signatory, the signature may not be valid.
2. Non-compliance with standards: Signatures that do not meet the advanced or qualified standards may face challenges in enforceability, especially in legal disputes.
3. Specific legal requirements: Certain legal requirements necessitate handwritten signatures on specific documents, including family law matters, wills, some real estate documents, particular government forms, and documents requiring notarization.
4. Fraud or coercion: Signatures obtained through fraudulent means or coercion are not valid.

What do the courts say about eSignatures in Denmark?

Given how readily Denmark has embraced electronic signing, there isn’t a lot of case law that discusses the instances where an eSignature will, or won’t, stand up in court. 

Instead, Danish courts generally adhere to the eIDAS Regulation, which governs electronic signatures throughout the European Union, including Denmark. 

Although there are no widely reported landmark Danish cases solely focused on electronic signatures, case law from across the EU, which influences Danish courts, has established that electronic signatures can be admitted as evidence in court if they fulfill the requirements under eIDAS and Danish contract law. 

The courts may focus on whether the electronic signature ensures authenticity, identifies the signer, and maintains document integrity.

Are electronic signatures admissible in Danish courts?

Electronic signatures are admissible as evidence in Danish courts, with the same legal weight as handwritten signatures, provided that they meet the necessary technical and security standards. 

FAQs

Are electronic signatures legally binding in Denmark?

Yes, electronic signatures are legally binding in Denmark under the eIDAS Regulation and Danish Act on Electronic Signatures. 

Can I use an electronic signature for all types of documents in Denmark?

While electronic signatures are widely accepted, some documents (like wills or documents requiring notarization) may still require traditional handwritten signatures.

How secure are electronic signatures?

Electronic signatures are secure, especially advanced and qualified electronic signatures, which use encryption and authentication methods to ensure data integrity and signatory identification.

Can foreign electronic signatures be used for transactions in Denmark?

Yes, under the eIDAS Regulation, electronic signatures from other EU countries are recognized in Denmark. Signatures from non-EU countries may be accepted depending on the specific circumstances.

What happens if an electronic signature is challenged in court?

If an electronic signature is challenged, the court will assess whether the signature meets the legal requirements and standards for authenticity, consent, and data integrity. But as we mentioned earlier, Denmark rarely has case law that brings the validity of eSigning into question.

Can electronic signatures be used for cross-border transactions?

Yes, electronic signatures compliant with the eIDAS Regulation are valid for cross-border transactions within the EU.

What is the role of NemID and MitID in electronic signatures?

NemID and MitID are Denmark’s national digital identity systems, used for signing documents electronically. Both systems comply with the eIDAS requirements for qualified electronic signatures, ensuring secure and legally valid digital transactions across both public and private sectors.

Do electronic signatures require consent from both parties?

Yes, for an electronic signature to be legally valid in Denmark, both parties must agree to use electronic signatures as the method for signing the contract. This agreement is usually implied when both parties sign a document electronically, but it is a good practice to explicitly state it in conversations, too.

Are electronic signatures used for employment contracts in Denmark?

Electronic signatures are commonly used for employment contracts in Denmark. It is also a common practice for other HR-related documents, such as NDAs, salary increase letters, and performance agreements​.

Juro is not a law firm and this article should not be relied on as legal advice.