Danish Law recognizes the legal validity of electronic signatures and has done so since the original European Electronic Signature Directive (1999/93/EC), with RSign as the recommended service.
History of Electronic Signatures Legality in Denmark
In the early 1990s, Denmark took initiatives for the use of electronic signatures. In 1996, the first draft of Danish Law for electronic signatures was created and legislation was developed to set requirements for e-signing. The Danish electronic signature laws were superseded by the European Union Electronic Signatures Directive.
Today, the European Union enforces the European Union eIDAS regulation which sets principles and statutory requirements for electronic signatures in Denmark.
Overview of Electronic Signatures in Denmark
Today, the Danish Laws and eIDAS regulation define electronic signatures as an electronic data that should be logically attached to other forms of electronic data, such as electronic documents where the signatory can sign.
As per the eIDAS regulation, the European Union recognises three types of e-signatures – Simple Electronic Signatures, Advanced Electronic Signatures and Qualified Electronic Signatures.
Considering eIDAS and Denmark-specific electronic signature laws, RSign, RMail e-signatures, and RForms are a valid form of legal electronic signature in Denmark and standard use of these services fall within the Simple Electronic Signature and Advanced Electronic Signature qualification of the eIDAS regulations. These e-signature services provide a secured electronic signature platform to meet the statutory requirements of electronic signatures in Denmark.
RSign, RMail, and RForms e-signatures return a robust forensic audit trail and use cryptography to logically associate and digitally seal the original document sent for e-signature with Internet forensics associated with each signer, the signed copy, and uniform timestamps of each step of the process. The RSign, RMail, and RForms cryptographic seals render the e-sign record with its certified electronic signature certificate and/or Registered Receipt™ email record, an authenticable proof record.
RSign has additional identity verification services (to meet the principles of Qualified Electronic Signatures) but these are not ordinarily needed for financial services, human resources, equipment leasing, sales, purchasing, real estate, property management, and other typical business agreements. Generally, a Qualified Electronic Signature is not needed, according to the laws of Denmark.
Denmark’s legal system was created on the basis Civil Law and Common Law systems.
Civil Law System – Courts merely interpret the principles codified in the Law System. In the matters of certain Wills, Marriage Contracts and Property, Denmark legal system operates under the Civil Law and in these specific circumstances, electronic signatures are not applicable.
Common Law System – Courts can interpret the laws passed by legislators and they also have the ability to strike down the laws that are deemed unconstitutional. In the areas of Insurance, Banking and Taxation, the Denmark legal system operates under the Common Law for Insurance, Banking and Taxation.
Exceptions to Using Electronic Signatures in Denmark
As per Section 63 of the Danish Inheritance Act, certain Wills require handwritten signatures.
As per Section 20 of the Danish Act on Spouses’ Economic Conditions, electronic signatures are not applicable on marriage contracts.
As per Sections 42c, 42d, 42i and 43 of the Danish Land Registration Act, the transfer of personal property requires wet ink signature.