eSignature Legality
in Sweden
The use of electronic signatures and certificate-based digital signatures are increasingly common in Sweden, especially within the business where electronic signatures are easing contracting processes during a digital environment.
Next to the eIDAS Regulation, the key laws in Sweden that regulate the utilization of electronic signatures include the Swedish Act (2016:561) and Ordinance (2016:576) which supplements the eIDAS Regulation in Sweden. These Acts regulate the investigative powers and authority that supervisory bodies have in reference to electronic signatures.
Paramount Conditions: Existence, Authenticity, and Valid Acceptance are three paramount conditions that provide sanctity to electronic signatures under Swedish Laws. One can submit electronic records that are valid as evidence under the Swedish Code of Judicial Procedure, to support the existence, authenticity and valid acceptance of a contract.
Legal sanctity of electronic signatures and e-documents under Swedish Laws:
In Sweden, the general rule is that one can use electronic form of documentation in place of the traditional written form, unless otherwise mentioned otherwise in any statue relevant to the nature documentation in question.
Under Swedish law, a written signature is not an absolute necessity for a valid contract – contracts are usually valid if legally competent parties come to an agreement, regardless of their agreeing verbally, electronically or in writing. To prove the validity and legitimacy of a contract, parties sometimes have to present evidence in court.
Use cases of electronic signatures in Sweden:
- Commercial agreements
- Purchase orders
- Non-Disclosure Agreements (NDAs)
- Invoices
- Sales agreements
- Order acknowledgments
- Distribution agreements
- Services agreements
- Software license agreements
- Copyright, patent, and trademark licenses
- Employee invention agreements
- Benefits paperwork
- Privacy notices
- Commercial and residential lease agreements
- Consumer agreements
- Service terms
- Consumer credit agreements
- Purchase orders
- Shipment documents
- Order confirmations
- Software licenses
- User manuals
The COVID-19 pandemic has radically changed our lifestyles and how one conducts business. Most non-essential companies have established completely remote work setups. This “new normal” has concentrated more attention on electronic means of transactions. The “new normal” in the age of Covid-19 proceeds to facilitate the use of eSignatures.
Documents that cannot be e-signed in Sweden:
- Share certificates (Ch. 6 Sec. 3 Companies Act)
- Issue certificates, convertible instruments issued within the sort of debentures and warrant certificates (Ch. 11 Sec. 6 Companies Act)
- Employment termination notices (Sec. 10, 20 and 38 Employment Protection Act (Sw. Lag om anställningsskydd))
- Transfers of real estate
- Wills
- Share certificates, issue certificates and convertibles
- Pre-nuptial agreements
- Certain applications to administrative authorities (e.g. a bankruptcy petition)
DISCLAIMER
Certinal is making available the information and materials in this article for informational purposes only and is meant to help companies understand eSignature’s application in a legal framework. Laws change rapidly and Certinal makes every reasonable effort to keep the content of this article current, hence Certinal makes no claims or representations that the information contained in this article is true, accurate, correct, or current. The law is different from jurisdiction to jurisdiction, and even similar laws may be interpreted differently in different courts or in different places. Since these factors differ according to individuals and businesses, Certinal is not liable for any consequence of any action taken by any third party relying on material/ information provided under this article. The contents hereof should not be construed as legal advice in any manner whatsoever. In cases you require any assistance; you must seek independent legal advice.
