Denmark's Electronic Signature Laws and Legality


Electronic signatures in The Netherlands are legal and enforceable under the eIDAS regulation and the Dutch Civil Code.

Danish law recognizes electronic signatures' legal validity and has done so since 1999/93/EC, with eSignly being the preferred service.

The History of Electronic Signatures Legality In Denmark

Denmark pioneered electronic signatures in the 1990s. The first Danish draft of electronic signature legislation was published in 1996. This legislation established the requirements for e-signing. The European Union Electronic Signatures Directive superseded the Danish electronic signature laws.

The European Union enforces today's eIDAS regulation, which establishes principles and statutory requirements in Denmark for electronic signatures.

Overview of Digital Signatures in Denmark

The Danish Laws and eIDAS Regulation define electronic signatures today as electronic data that should logically be attached to other forms of electronic data such as electronic documents where the signatory can sign.

The eIDAS Regulation recognizes three types of e-signatures by the European Union: Simple Electronic Signatures (Second Electronic Signatures), Advanced Electronic Signatures (Qualified Electronic Signatures).

eSignly, which is a legal form of electronic signature in Denmark, can be used under the eIDAS regulations. These e-signature platforms provide an electronic signature platform that meets the legal requirements for electronic signatures in Denmark.

eSignly esignatures provide a strong forensic audit trail. They use cryptography to logically assimilate and digitally seal an original document that was sent for esignature. Internet forensics are associated with each signer, each signed copy, and the uniform timestamps at each stage of the process. The eSignly digital seals make the e-sign record an authenticable proof record. It includes its registered electronic signature certificate and/or Registered Receipt(TM).

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

The legal system of Denmark was based on Civil Law and Common Law.

Civil Law System - Courts interpret the Law System's principles. Electronic signatures are not permitted in certain cases, such as those involving Wills, Marriage Contracts, and Property.

Common-Law System Courts have the power to interpret laws passed by legislators, and also to overturn laws they deem unconstitutional. The Common Law for Insurance, Taxation, and Banking governs the Danish legal system in the areas of Banking, Insurance, and Taxation.

Exceptions to Electronic Signatures in Denmark

Certain Wills must be signed by hand, as per Section 63 of The Danish Inheritance Act.

Electronic signatures cannot be used on marriage contracts, as per Section 20 of The Danish Act on Spouses’ Economic Conditions.

The Danish Land Registration Act Sections 42c to 42d and 42i require a wet ink signature for the transfer of personal property.

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