Electronic Signature Law and Legality in Denmark

Electronic signatures are legally recognized in Denmark, in alignment with the eIDAS Regulation adopted by all EU member states. While some specific legal transactions may require higher levels of verification, most general business contracts can be signed electronically.

Are eSignatures Legally Binding in Denmark?

Yes. Under Danish law, a contract is legally binding when two competent parties come to an agreement—regardless of whether that agreement is made verbally, in writing, or electronically.

Though handwritten signatures are not mandatory, some situations may require one or both parties to present additional proof—such as an audit trail or certificate—to confirm the agreement in legal proceedings.

Denmark’s Legal System: A Hybrid of Civil and Common Law

Denmark primarily follows a civil law system, especially in matters of:

• Property and contract law
  
  
• Family law
  
  
• Succession and inheritance
  

In areas like taxation, banking, and constitutional law, Denmark incorporates some common law elements—making its legal framework a balanced blend of both systems.

This mixed legal foundation is similar to other European countries like Germany, Austria, and Belgium.

Civil Law Systems: A Quick Overview

Civil law systems trace back to Roman law and are based on comprehensive legal codes. They:

• Emphasize statutory law over case precedent
  
  
• Are frequently revised to reflect current social and economic conditions
  
  
• Offer clarity and accessibility to both legal professionals and the public
  

This model is widely used across Europe, Asia, South America, and parts of the Middle East.

Types of Electronic Signatures Recognized in Denmark

As per eIDAS standards, Denmark recognizes three categories of electronic signatures:

1. Standard Electronic Signature (SES)

• Basic format such as a typed name, scanned signature, or checkbox
  
  
• No identity verification required
  
  
• Appropriate for low-risk or internal documentation
  

2. Advanced Electronic Signature (AES)

• Uniquely identifies and links to the signer
  
  
• Detects changes to the signed data
  
  
• Offers a higher level of security than SES
  

3. Qualified Electronic Signature (QES)

• Created using a qualified signature creation device
  
  
• Backed by a qualified digital certificate from a certified Trust Service Provider
  
  
• Legally equivalent to a handwritten signature under EU law
  

When Is SES Appropriate in Denmark?

Standard electronic signatures are widely used for:

• Human Resources documents
  
  
• Sales contracts and invoices
  
  
• Non-disclosure agreements (NDAs)
  
  
• Commercial and lease agreements
  
  
• Routine business communications and consumer agreements
  
  

SES is suitable when the legal or financial risk is low and identity verification is not critical.

When Is QES Required?

Qualified Electronic Signatures may be required or preferred for:

• Wills and estate documents
  
  
• Notarized contracts
  
  
• Employment termination notices
  
  
• Specific property transfers or real estate filings
  
  

In these cases, a QES ensures a higher legal assurance and is often mandatory under Danish or EU law.

Disclaimer

The information on this page is for general reference only and does not constitute legal advice. Specific requirements may vary by transaction type, industry, or jurisdiction. Please consult a qualified attorney for legal guidance. Blueink disclaims all liability for decisions made based on this content, to the fullest extent permitted by law.

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