Electronic Signature Laws & Regulations - Sweden

Note:

As a European Union (EU) Member State, Sweden is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Overview

The use of electronic signatures and certificate-based digital signatures are increasingly common in Sweden, especially in the business sector where electronic signatures are easing contracting processes in a digital environment.

Next to the eIDAS Regulation, the key laws in Sweden that regulate the use of electronic signatures include:

  1. The Swedish Act (2016:561) and Ordinance (2016:576) which supplements the eIDAS Regulation in Sweden and regulates the investigative powers and authority that certain supervisory bodies have in relation to electronic and digital signatures; and
  2. Swedish Post and Telecom Authority (PTS) Guideline which clarifies requirements for trust service providers in Sweden.

In Sweden, the general rule is that if no specific form is prescribed by law, then a contract may be entered into without observing any specific form requirements. However, if a specific form is prescribed by law and an electronic signature is not mentioned as a permitted form, then an electronic signature should not be used.

Note:

EU Member States have the obligation to establish, maintain and publish trusted lists of Qualified Trust Service Providers (QTSPs) and the qualified trust services provided by them. A QTSP certified in any EU Member State will be recognized as a QTSP by all other Member States. Accordingly, no EU Member State may question the qualified status once a QTSP has been added to the trusted list by the supervisory authority of another Member State. The Swedish list of QTSPs is available at: https://webgate.ec.europa.eu/tl-browser/#/tl/SE and includes one TSP, TrustWeaver AB.


Special Considerations

Use cases that generally require a traditional signature

The general rule in Sweden is that a contract may be entered into without observing any specific form requirements. However, some contracts in Sweden are subject to a specific form prescribed by law and thus require a traditional handwritten signature. Examples of these include:

  1. Transfers of real estate
  2. Wills
  3. Share certificates, issue certificates and convertibles
  4. Pre-nuptial agreements
  5. Certain applications to administrative authorities (e.g., a bankruptcy petition)
Note:

Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures. However, Adobe cannot provide legal advice. You should consult an attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Adobe provides this material on an "as-is" basis. Adobe disclaims and makes no representation or warranty of any kind with respect to this material, express, implied or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy.

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