Not everything can be signed electronically
In most situations an electronic signature is legally binding. eIDAS article 25(1) protects electronic signatures from being rejected solely because they are digital, and most European contract law systems build on freedom of form.
There is still a short list of documents where the law requires a specific form, and where electronic signing is not enough. The list is short, but it is worth knowing.
Wills
Many European jurisdictions require a will to be in writing and signed by hand. Witness requirements vary: most Nordic countries require two witnesses present at the same time, while some other EU jurisdictions allow holographic (entirely handwritten, no witnesses) or notarial wills instead. Norway requires the two-witness form under the Inheritance Act § 42, Sweden under the Inheritance Code chapter 10, Denmark under the Succession Act § 63 (notary will) or § 64 (witness will, supplemented by § 65 on who may witness). An electronic will is not valid in any of these three.
Most jurisdictions also have a narrow exception for emergency wills (illness or other emergency that makes the form requirements impossible). That is not a rule to plan around.
Marriage and partnership contracts
Marital property agreements (ektepakt in Norway, äktenskapsförord in Sweden, ægtepagt in Denmark) need a specific form. Typically the agreement must be in writing, signed by both spouses, and registered with the appropriate authority (Brønnøysundregistrene in Norway, Skatteverket in Sweden, Personbogen in Denmark). Witness requirements vary by country. Electronic signing does not meet these form requirements.
Lasting powers of attorney
A lasting power of attorney (fremtidsfullmakt in Norway, framtidsfullmakt in Sweden, fremtidsfuldmagt in Denmark) is treated differently across EU jurisdictions. In Norway and Sweden the document must be in writing, signed by hand, and witnessed by two people (Vergemålsloven § 81 in Norway; Framtidsfullmaktslagen 2017:310 in Sweden). In Denmark the fremtidsfuldmagt is created in the Fremtidsfuldmagtsregistret via tinglysning.dk with MitID, and put into effect by Familieretshuset when needed. In all three cases an SES alone is not enough.
Property transfers
Property transfers that need to be registered in the land registry (Kartverket in Norway, Lantmäteriet in Sweden, Tinglysningsretten in Denmark) require either a paper document with an original signature or the use of the registry’s own electronic submission solution. An SES or a signed PDF does not satisfy that. The underlying agreement of sale can be made electronically, but the document that goes to the registry must follow the registry’s own rules.
Some sector-specific consumer-law forms
Certain consumer protection rules require specific forms (typically a withdrawal form) to be sent in a particular way and format. Check the applicable rules before relying on an electronically signed version.
Why these exceptions exist
These document types share something in common: they decide something large. Inheritance, ownership of property, control over another person’s decisions, transfer of real estate. The law adds extra formal steps because the consequences are serious and the mistakes are hard to reverse. The witness and the handwritten signature are meant to ensure that the will is free, clear and documented.
That does not mean electronic signing is weaker evidence in general. It means the legislator has chosen extra strict form requirements for a few specific document types. For everything else the starting point is still freedom of form.
What you can sign electronically
The good news is that most everyday agreements do not fall into the categories above. You can sign electronically:
- Employment contracts
- Lease agreements (between landlord and tenant)
- Sale agreements for movable property
- Consulting and freelance contracts
- NDAs and confidentiality agreements
- Board minutes and resolutions
- Company incorporation documents (with national eID, e.g., BankID or MitID)
- Consent forms, participation agreements, ordinary powers of attorney
How Signoo handles this
Signoo supports simple electronic signatures (SES) in the browser today. eID-based AES signing is not available in this release. No launch date is set. For document types that the law has reserved for paper, no signing service can help. It is not a question of capability. It is a question of what the law accepts.
If you are not sure which category your document falls in, talk to a lawyer before signing any version.