Electronic signature laws and validity in Finland

This article explores the legal framework for electronic signatures in Finland. It covers relevant EU regulations, national laws, the different types of electronic signatures, and how Finland’s approach compares to other countries.

Which laws govern electronic signatures in Finland?

Finland follows both the EU’s and its own laws for electronic signatures. As part of the EU, Finland uses the eIDAS Regulation (EU No. 910/2014), which is basically the rulebook for how electronic signatures work across all EU countries. This regulation ensures that eSignatures are legal and are treated in the same manner throughout Europe.

To put these EU rules into practice at home, Finland created its own law called the Act on Strong Electronic Identification and Electronic Trust Services (617/2009). This law, which was updated in 2016 to align with eIDAS, covers how electronic signatures work, regulates trust service providers, and sets security standards for digital authentication.

Are there any other regulations that affect electronic signature usage in Finland?

In addition to eIDAS and the The Act on Strong Electronic Identification and Electronic Trust Services (617/2009, several other regulations also play a role when it comes to electronic signatures:

• Act on Electronic Services and Communication in the Public Sector (13/2003) – Regulates how government authorities use electronic documents and signatures in official processes.
• The Electronic Communication Services Act (917/2014) - This Act governs electronic communications, focusing on data protection, privacy, and security. 
• Act on the Population Information System and the Certificate Services of the Digital and Population Data Services Agency – This law relates to digital certificates used for authentication and electronic signatures, including those embedded in national ID cards.
• GDPR (General Data Protection Regulation) – This EU-wide regulation outlines the rules for handling personal data in digital transactions, including how electronic signatures are stored and processed.
• Code of Real Estate (540/1995) – Specifies that real estate transactions must be conducted through Finland’s official electronic National Real Estate Trading System (Kiinteistökaupan verkkopalvelu) if signed digitally.

Does this mean that electronic signatures are considered legally valid in Finland?

Yes, electronic signatures are completely legal in Finland. In fact, Finnish contract law does not usually require any specific format for agreements, which means electronic signatures work just fine for most everyday situations.

Since Finland follows the EU's eIDAS rules (which have been in place since July 2016), electronic signatures have solid legal backing. Finnish courts accept electronically signed documents as evidence, and eSignatures count as valid proof that you agreed to something.

The best part is that you can use electronic signatures for most types of agreements and transactions in Finland. There are just a few exceptions, like wills, marriage papers, and some property deals, which still need traditional signatures or special handling. We'll cover that shortly.

Are there any special considerations before using electronic signatures?

Before you jump into using eSignatures in Finland, there are a few important things to keep in mind.

First, make sure your electronic signature follows the EU's eIDAS rules. If you want the strongest legal protection, a qualified electronic signature (QES) is your best bet – it's treated just like a traditional pen-and-paper signature.

The signer also needs to clearly show that they actually mean to sign the contract. This means they’re giving your consent and understand what they’re signing up for.

What’s more, you need to ensure that the eSignature cannot be changed after you sign it. Any tampering should be easy to spot, and you should work with an eSignature provider that makes it impossible to change signed documents. This provider should also ensure that e-signatures can be specifically traced back to the signer. Their identity should be verifiable, and the signature should be uniquely theirs.

If you're using a qualified electronic signature (which are essentially considered to be equivalent to wet-ink signatures), you'll need to use an approved signature creation device and have a qualified certificate. These give you extra security and the highest level of legal recognition in Finland and across the EU.

When can you use electronic signatures in Finland?

You can use electronic signatures for most agreements and transactions in Finland. Finnish law is pretty flexible about how contracts are formed – they call it the "freedom of form principle." This basically means you can make agreements in whatever format works, unless a specific law says otherwise.

In everyday terms, this means eSignatures work just fine for most things you need to sign. You only need to worry about using traditional pen-and-paper signatures when the law specifically requires it or when a document needs to be notarized.

However, some exceptions exist where electronic signatures are not allowed or where additional requirements apply. Here are some examples:

• Wills and testamentary documents – Finnish law requires wills to be signed in the presence of two witnesses, making electronic signatures invalid.
• Marriage and prenuptial agreements – These must be signed in writing and registered, meaning wet ink signatures are required.
• Notarized documents and apostilles – Any document that must be notarized or legalized with an apostille must be signed on paper.
• Certain real estate transactions – Property transfers and mortgage agreements must be signed through Finland’s government-approved electronic system or with a handwritten signature.
• Documents requiring witnesses – If a document legally requires in-person witnesses, an electronic signature alone is insufficient.

What are the different types of electronic signatures?

Electronic signatures in Finland fall into three categories, as defined by the eIDAS Regulation. Each type offers a different level of security and legal certainty. While all electronic signatures are legally valid, the strength of evidence they provide varies.

1. Simple Electronic Signature (SES): The most basic and least secure type of eSignature, including typed names, scanned signatures, or clicking an “I agree” button.
2. Advanced Electronic Signature (AdES): More secure than SES, an AdES must be uniquely linked to the signer, capable of identifying them, and prevent tampering.
3. Qualified Electronic Signature (QES): The most secure type. It meets all AdES requirements but is also backed by a Qualified Trust Service Provider (QTSP) and created using a qualified signature creation device (QSCD).

Choosing the right type of electronic signature depends on the importance and risk of the document. While SES may be fine for everyday agreements, AdES or QES should be used for legally significant transactions that require strong identity verification and security.

How do Finland’s eSignature laws compare to other countries?

Finland's eSignature rules are almost exactly the same as other EU and EEA countries since they all follow the same EU rulebook (eIDAS). This means if you get a qualified electronic signature (QES) in any EU country, it automatically works in Finland too – making it incredibly easy to sign documents across borders.

Norway is not in the EU, but their rules are almost identical under their 2018 law. Both Finland and Norway do not allow eSignatures for specific situations like wills, marriage papers, and some property deals. The main difference? Norway specifically requires the high-security QES for certain big-money transactions, while Finland is more flexible depending on what's at stake.

The UK is different since Brexit. They do not automatically follow EU rules anymore, so they look at each eSignature case by case. While a QES is automatically valid in Finland, UK courts will check if you really meant to sign and how secure the signature was.

Outside Europe, countries take different approaches. The US is more relaxed – their laws (ESIGN and UETA) allow most eSignatures without requiring the extra security levels like AdES or QES. South Africa, meanwhile, is more like Finland, only giving QES the same legal weight as pen-and-paper signatures.

How might Finland's electronic signature laws change in the future?

Finland's eSignature rules will likely evolve over the next few years, though not drastically. The biggest change will be "eIDAS 2.0," which is basically an update to how the EU handles digital identity.

This will introduce a European Digital Identity Wallet where you can keep government-issued digital IDs on your phone to sign contracts and prove who you are anywhere in the EU. This should make it easier for everyone in Finland to use the most secure type of eSignatures (QES).

Another interesting possibility is online notarization. Right now, for documents like wills, marriage papers, and some property deals, you still have to sign papers in person. But as other countries start using secure video calls for signing and witnessing documents, Finland might follow suit.

Finland's government services are also getting more digital. They might expand how eSignatures work with the Suomi.fi e-Identification system, making it easier to use eSignatures for official business. As fewer people want to deal with paper, Finland will likely encourage more widespread eSignature use, so long as they remain secure. 

Frequently asked questions

1. Are electronic signatures legally binding in Finland?

Yes. Under eIDAS and Finnish contract law, electronic signatures are legally valid for most agreements unless a specific law requires a handwritten signature.

2. Do Finnish courts accept electronic signatures as evidence?

Yes. Courts recognize electronically signed documents as valid evidence, but the level of proof required depends on the type of signature used. Qualified Electronic Signatures (QES) are automatically valid.

3. Can all documents be signed electronically in Finland?

No. Some documents, such as wills, prenuptial agreements, and certain real estate transactions, require handwritten signatures or notarization.

4. Is a QES always required for electronic signatures in Finland?

No. Simple (SES) or Advanced (AdES) electronic signatures are valid in many cases, but a QES offers the highest legal certainty and is preferred for high-value contracts.

5. Can electronic signatures be used for cross-border contracts?

Yes. Under eIDAS, a QES from any EU or EEA country is legally valid in Finland and vice versa, ensuring smooth international transactions.

6. What is the most common way to sign electronically in Finland?

Many businesses and individuals use BankID, Mobile ID, or eSignature platforms like Visma Sign, DocuSign, or Juro to verify identity and sign documents securely.

7. How will Finland’s electronic signature laws change in the future?

Finland is preparing for eIDAS 2.0, which will introduce European Digital Identity Wallets, making secure electronic signing more accessible across the EU.

How to create legally binding eSignatures

Creating legally binding eSignatures in Finland does not have to be complicated. You have several options, from simply scanning your handwritten signature to using more sophisticated methods.

Since Finland puts emphasis on security, especially for important documents, the most reliable way to create eSignatures is to use dedicated eSigning tools or a complete contract management platform that includes native eSigning features.

Here's why many Finnish businesses, including Wolt, are choosing platforms like Juro for their eSignature needs:

• Workflow integration: You can send contracts for signature without jumping between different systems, which speeds everything up and makes the process smoother.
• Legal compliance: These platforms offer eSignatures that meet both Finnish and international standards, ensuring your agreements hold up legally across different countries.
• Collaborative features: Teams can work together on contracts in real-time before sending them for signature, cutting down on back-and-forth emails. You can also set up multiple people to sign either one after another or all at once.
• Automated reminders: The system can automatically send reminders to people who need to sign, helping avoid delays and making sure contracts get completed on time.
• Central storage: After signing, all your contracts are stored in one secure, searchable place. This means you always know where your agreements are and can easily check their status.

By using a dedicated platform for your eSignatures, you can close deals faster and manage your contracts more efficiently while staying compliant with Finnish eSignature requirements.

Ready to discover how Juro can help you create legally binding eSignatures? Check it out below.

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