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We’re not just securing email and eSigning.

We’ve made transactions in Denmark even more vibrant and efficient by speeding transactions with eSignatures.

And we’ve been doing it with them since the early 2000’s.

Electronic Signature Laws and Legality in Denmark

Court Admissible
RSign Used in Business
Yes, since 2000.
Recommended Service
Electronic signature in RSign, RMail, and RForms services.

Common Use

Electronic signatures for use with local and international business, within financial services, insurance, sales proposals and contracts, NDAs (Non-Disclosure Agreements), employment letters, scope or statements of work, equipment leasing, legal, human resources, purchase and procurement, real estate, and property management industries and functional areas, among other uses.

Watch full video of Jonas Seidenfaden discuss RMail at Optimize!2020.

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Jonas Seidenfaden

Jonas Seidenfaden

Managing Director, Global Micro

Legal Aspects

In accordance with the Dutch Civil Code and the eIDAS regulation, electronic signatures are legally recognized and enforceable in The Netherlands.

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 eSigning. The Danish electronic signature laws were superseded by the European Union Electronic Signatures Directive.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 eSignatures – Simple Electronic Signatures, Advanced Electronic Signatures and Qualified Electronic Signatures.

Considering eIDAS and Denmark-specific electronic signature laws, RSign, RMail eSignatures, 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 eSignature services provide a secured electronic signature platform to meet the statutory requirements of electronic signatures in Denmark.

RSign, RMail, and RForms eSignatures return a robust forensic audit trail and use cryptography to logically associate and digitally seal the original document sent for electronic 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 eSign 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.

Laws Referenced

Danish law and European eIDAS law (electronic Identification, Authentication and Trusted Services).

Disclaimer: Neither RPost nor its affiliates provide legal opinions. The information on RPost and its affiliates and products websites is for general information purposes only and is not intended to serve as legal advice or to provide any legal opinions. Laws and regulations change from time to time and neither RPost nor its affiliates guarantee that all of the information on RPost and its affiliates’ websites are current, correct, or with sufficient detail for the purpose of each reader. You should consult your legal counsel for specific jurisdictional details and other issues.

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