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Are eSignatures Legal in Denmark?

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Today's Danish Laws and eIDAS Regulations define electronic signatures as any electronic data logically attached or accompanied by other electronic data, such as electronic documents, where the signatory can sign.

The eIDAS regulation recognizes three types of eSignatures by the European Union: Simple Electronic Signatures (Second Electronic Signatures) and Advanced Electronic Signatures (Qualified Electronic Signatures).

RSign, RMail eSignatures, and RForms can be used to create a legal electronic signature in Denmark. The eIDAS regulations also cover them for the Simple Electronic Signature or Advanced Electronic Signature qualifications. These e-signature platforms provide an electronic signature platform that meets Denmark's legal requirements for electronic signatures.

RMail, RSign, and RForms e–signatures provide a strong forensic audit trail. They use cryptography to logically assimilate and digitally seal an original document sent for eSignature. Internet forensics are associated with each signer, signed copy, and uniform timestamps at each process stage. RMail, RSign, and RForms cryptographic seals make the e-sign record an authentic proof record.

RSign offers additional identity verification services to meet the principles of Qualified Electronic Signatures. However, these services are not required for financial services, human resources, equipment leasing, buying, selling, purchasing, real estate, property management, and other business agreements. According to Danish law, a Qualified electronic signature is not required.

Types of eSignatures Recognized in Denmark

Three types of eSignatures can be recognized across the EU and Denmark under eIDAS. Each type is best suited for certain types of contracts. You must choose the right type of eSignature to suit your situation to make your agreement legally binding.

Standard Electronic Signatures (SES)

An electronic signature standard (SES) is the simplest type recognized under eIDAS. An SES can be in many forms, including a typed or scan signature or a tickbox or button that states "I agree" under a set of terms and conditions.

It can be difficult to determine who signed a document with an SES. This depends on the format and how it was implemented. An SES is still suitable for many contracts and business agreements. This is especially true if you use eSignly to create an eSignature.

Use cases: A standard electronic signature (SES) can be used for various business transactions, including signing employment contracts, NDAs, and sales agreements. It also allows you to sign HR documents, loan agreements, commercial real estate agreements, and short-term leases.

Advanced Electronic Signatures (AES)

Advanced Electronic Signature (AES), a secure eSignature, has additional requirements to prevent forgery and verify the signer's identity.

An AES can be linked to identifying information and can only be created by a signed device or approved process.

Use cases: An Advanced Electronic Signature (AES) is sometimes preferred and required for legal documents.

Qualified Electronic Signatures

A qualified electronic signature (QES), the most secure type of eSignature, is legally recognized in Europe as an equivalent to a handwritten signature in most cases.

A QES is subject to stricter regulations than the AES and SES. A QES is subject to the same regulations as an AES but has the added security of government certification.

A QES can only be created using a secure signature creation device and must be verified with an electronic signing certificate issued by a government-recognized qualified Trust Service Provider.

Use cases: When signing wills, notarized papers, termination notices, and certain property transfer agreements, a QES is required.

Watch Out for These Digital Signature Trends for Digital Transformation in 2022

Electronic signature laws have seen significant changes over the past decade. They are now available in many countries, making it easier to understand what you need to do to ensure that electronic signatures remain legal. Recent developments in the COVID-19 pandemic of 2021 have led many governments and regulatory agencies to permit digital signatures for transactions requiring paper or ink signatures.

The Federal Reserve Bank (US), the Securities and Exchange Commission (SEC), and the Internal Revenue Service (IRS), have all published electronic signature guidance. This allows more forms, documents, and transactions to be signed electronically. Similar measures have been released by the Canada Revenue Agency (CRA).

Hybrid Human/Digital Experiences

While the digital experience is essential, consumers want hybrid experiences that meet their needs. It's all about finding the right balance between digital and human-mediated services. Some activities, such as applying for a loan, or obtaining a life insurance policy, may allow consumers to switch between digital and traditional services. At the same time, they do research and gather information. It is important to ensure that end-to-end digital tools can be accessed online and with an agent or advisor.

It's possible to recreate the face-to-face experience using new technologies in a hybrid setting. An in-person customer or employee experience can be replicated securely using electronic signatures, videoconferencing, and rich collaboration capabilities like co-browsing in live time. According to our predictions, these types of emerging hybrid technologies that enable experience-enhancing capabilities will continue to grow in 2022.

Fingerprint-Based eSignature

You can also use fingerprints to create biometric signatures. This requires fingerprint readers. These readers are embedded in smartphones to unlock the screen without typing a code. The downside is that smartphones' fingerprint readers use a two-dimensional scan to identify the fingerprint. Master-key prints, which are artificial fingerprints created to match any fingerprint, are very easy to create. Three-dimensional scanning fingerprint readers are more resistant to master-key prints. Although such equipment can be provisioned on-site for eSignatures, it is only sometimes practical to assume all signers have access when signatures are performed remotely.

Collaboration to Expand to Add New Functionality

Too often, eSignature is only involved at the end of an agreement process. Each party might develop an agreement, negotiate it traditionally, and then use eSignature to complete the last step. Although this process is still a significant improvement on traditional paper-based processes, it must fully realize its full potential. Recent research has shown that electronic signatures are critical to enabling digital workflows. A document must not be printed, signed, or scanned. The effectiveness of digital tools has shown that an entire agreement workflow can be kept digital over the past few years. As companies integrate digital products, this will improve their workflow's robustness.

Employees have become more comfortable using digital tools to complete transactions in the hybrid workspace. These tools will be connected to create a seamless end-to-end workflow. Digital signing will not be limited to signatures. It will host virtual negotiations via video or chat solutions and allow for real-time cooperative contract revisions. The new system will enable people to do more with the technologies they already know. This will also allow companies to enhance their digital tools for employees, which will translate into better customer service and competitive advantage.

Top eSignature Software Valid in Denmark

An eSignature, a digital signature signed by a person, is used to verify the authenticity and integrity of an electronic document. The eSignature software makes it possible to sign documents online from multiple recipients located at different locations. You can also fill out the document before you sign. eSignatures are legally binding.

Here is a list of Denmark's top electronic signature software. This list includes commercial (paid) and open-source (free) eSignature software.

DocuSign

DocuSign is a popular electronic signature app. It is easy to use and has all the essential features that eSignature apps need. DocuSign's free trial is easy to use. You can upload a document and prepare it for signatures. Then, you can send it to your recipients.

DocuSign's structure makes it easy to track many documents at different stages of the signing process. The Manage dashboard has a sidebar that contains an Inbox to keep track of any documents you have received and a Sent section for those you have sent. There is also a Drafts tab that you can use for the ones you are currently working on. You can also view QuickView documents quickly. This allows you to see all documents you have to do, those you are waiting on, those that expire soon, or that the recipient still needs to sign, as well as any completed documents.

eSignly

The revolutionary electronic signatures of eSign have revolutionized how organizations sign documents. You can now reduce the burden of managing paperwork, documents, and work stacks. The smartest signing tool allows you to prepare quickly, send, share, and produce documents within seconds. You can also store the document securely and with maximum security to ensure your safety. Anytime, Anywhere, Anyplace!

eSignly can fulfill all digital signature requirements in any industry. eSignly's goal to make all paperwork digital online is to give users the convenience and comfort that comes with electronic work at a low cost and with full authentication. Customers can develop signature-dependent processes quickly that reduce paper costs and comply with all laws. Clients and business partners love electronic signatures because they can be shared via the internet and across geographic boundaries. They can be linked together and checked in one step.

HelloSign

HelloSign is now owned by Dropbox and is a great alternative to DocuSign. It is one of the easiest-to-use electronic signing apps, offers unlimited signature requests monthly on its starting paid plan, and has a great free plan. Once you log in, two options are available: create a template or send something. You won't find the things you want in sub-menus.

However, the simplicity of the interface hides powerful features. HelloSign integrates well with cloud storage platforms, which is the most impressive of all the apps we tested. Although you would expect it to work with Dropbox, it also works with Google Drive and Box, as well as Evernote and OneDrive.

SignWell

Some businesses can sign or send only a few monthly contracts. SignWell (previously called Docsketch) offers three documents per month for free, which may be the right fit.

Sign up, and you can start sending contracts as soon as possible. Simply click on New Document in the dashboard. You have two options: upload a document for signing or create a template. However, the free plan only allows you to use one. Whatever option you choose, SignWell's web app is modern and easy to use. You can add information and sign fields using SignWell's web app. You can even use it to place items on blank lines and gaps. It's now ready to be signed.

SignNow

Paperwork is often a team effort for many businesses. You may need to have people from different departments collaborate on or check out documents before sending them off. Many electronic signature apps charge an expensive per-user monthly fee. The cost of adding two or more accounts to your monthly bill is not just increased or tripled; it can also quadruple or even quintuple the costs of personal plans for one user.

SignNow is our favorite app for small teams. It doesn't even offer an individual or personal plan. The Business plan is $20 per user/month when paid monthly. This makes it more affordable. It's only $8/user/month if you pay annually. It's worth it if you are willing to commit to the platform and understand that you will need to work on many contracts with your team.

Sign up and invite your team members. Click on Teams at the bottom left, then give your team name and add the email addresses of anyone you wish to invite.

Are eSignatures Legal in Denmark? Here’s What the Law Says?

The short answer to your question about electronic signatures in Denmark is yes.

Electronic signatures in Denmark are legal and acceptable for almost all business agreements.

According to Danish law, contracts can be legally valid without the need for "wet ink" signatures. If both parties agree, the contract is likely to be legally binding, whether written, verbal, or electronic.

However, if the agreement is ever challenged before a court, one or both parties may have to produce additional evidence. It is easy to provide evidence in this instance by using eSignly, a modern eSignature tool.

Businesses should be aware that Danish eSignature laws can have important nuances. Let's dive deeper into Danish electronic signature law details to answer any remaining questions.

When to Use an electronic Signature?

You can use electronic signatures in many situations. Because their legal effects are the same as handwritten signatures', qualified electronic signatures may be used in any situation. They can even be used cross-border where handwritten signatures have been used.

  • Contracts (sales and employment, leasing, insurance, etc.
  • Transactions (e-commerce, online banking, etc.)
  • Administrative procedures (tax declarations, requests for birth certificates, etc.)

The Key Takeaway

Denmark is a Tiered eSignature Legal Model Country and supports the concept of QES (Qualified Electronic Signature). This requires independent certification by an approved certification agency. Although QES is not required legally for certain types of transactions, Denmark as a member of the European Union, follows ETSI standards to determine the technical requirements of a QES.

Denmark is also one of the few countries with a set of additional transactions for which a QES (Advanced Electronic Signature) or AES (Quick Electronic Signature) are required. This is to ensure legal validity. Denmark and other European Union countries maintain a publicly accessible list of supervisory bodies for qualified, certified providers.