eSignature legality in Denmark
As a member of the European Union, Denmark recognizes electronic contracts as legally valid on business documents. While there may be exceptions for specific business transactions, eSignatures are acceptable on the majority of general business contracts.
Are eSignatures legal in Denmark?
According to Danish law, a handwritten signature is not required for a contract to be considered valid. If two parties reach an agreement, then that contract is considered legally binding.
This is true whether it’s a verbal, written or electronic agreement. However, one or both parties may be required to provide evidence of that contract in court.
Understanding Denmark’s legal model
Denmark’s legal system is a combination of civil law and common law. The country operates primarily under a common law system in the areas of taxation, insurance, banking, and constitutional law.
However, Denmark is primarily classified as a civil law system. It operates under a civil law system on matters of property, family relations, succession, and contracts. Denmark’s legal system is similar to that of Germany, Austria, and Belgium.
An introduction to Civil Law systems
Civil law systems come from old Roman law and are based on a set of codified principles. The law is set up in a way where it’s easily accessible to both legal professionals and the citizens of that country.
Unlike common law systems, civil law systems put little emphasis on legal precedents. Instead, all laws are regularly updated and revised to reflect the current legislative environment. The majority of Europe, South America, the Middle East, and Asia operate under civil law systems.
Technology standards in Denmark
As an EU member state, Denmark recognizes 3 different types of electronic signatures:
- Standard electronic signatures (SES)
- Advanced electronic signatures (AES)
- Qualified electronic signatures (QES)
A QES is created using a qualified signature creation device and usually come with an electronic signing certificate. A QES is the legal equivalent of a handwritten signature.
An SES is a signature that is either typed or scanned, and it’s not always evident who actually signed the document. For that reason, an SES is not appropriate for all electronic contracts.
When is using an SES appropriate?
You can use an SES for the following types of contracts:
- HR documents
- Commercial agreements
- Lease agreements
- Commercial real estate documents
- Non-disclosure agreements (NDAs)
- Sales agreements
- Invoices
When is a QES required?
A QES is required for the following types of contracts:
- A will
- Notarized documents
- Termination notices
- Certain property transfer agreements
Can you use PandaDoc software in Denmark?
Yes, PandaDoc software complies with eSignatures laws and requirements in Denmark. When you sign a business contract, it’s easy to draw or upload your signature. And once the contract is signed, you’ll receive an electronic document for added security.
Using PandaDoc electronic signature software will save you time and help you close deals faster. Sign up for a free 14-day trial to see if PandaDoc is the right choice for you.