Legality of electronic signature in Finland

Electronic signature is generally legally valid in Finland. In this article, we will go through what the EU eIDAS regulation and Finnish national legislation say about electronic signing, what the signature levels are, and in which situations a mere electronic signature is not sufficient.

Short answer: yes, electronic signature is valid in Finland

The EU's eIDAS Regulation (EU) No 910/2014 is legislation directly applicable in Finland. According to Article 25, an electronic signature shall not be denied legal effect and admissibility as evidence on the sole ground that it is in an electronic form. Furthermore, a Qualified Electronic Signature (QES) is treated at the EU level the same as a traditional handwritten signature.

The Finnish Contracts Act (228/1929) generally does not impose formal requirements on contracts – a contract can be entered into electronically just as it can on paper. This applies to most everyday business and consumer contracts.

EU eIDAS Regulation and the three signature levels

eIDAS defines three levels, where evidentiary value and requirements increase:

SES (Simple Electronic Signature) – simple electronic signature, e.g., a name in an email or a checkmark on a web form. Valid, but with weaker evidentiary value.
AES (Advanced Electronic Signature) – advanced electronic signature, where the signer is uniquely identified and the signature is linked to them in such a way that it cannot be altered afterwards. In Finland, for example, a recognized signature made with bank IDs or a mobile certificate is typically an AES-level signature.
QES (Qualified Electronic Signature) – a qualified electronic signature that requires a certificate issued by a qualified trust service provider and a qualified signature creation device. It is legally equivalent to a handwritten signature throughout the EU.

EpicSign supports authentication with bank IDs and mobile certificates, whereby the produced signature typically meets the requirements of the AES level.

Finnish national legislation – what do the laws say?

Act on Strong Electronic Identification and Electronic Trust Services (617/2009) – supplements the eIDAS regulation in Finland and regulates, among other things, providers of strong identification tools. The Finnish Transport and Communications Agency Traficom maintains a list of approved trust service providers.
Act on Electronic Services in Public Administration (13/2003) – enables electronic services in the public sector.
Contracts Act (228/1929) – general contract law regulation, does not impose formal requirements for most contracts.
EU General Data Protection Regulation (GDPR, (EU) 2016/679) – affects the processing of personal data collected in connection with signing.

The older Act on Electronic Signatures (14/2003) was repealed as part of the 2016 legislative reform. It was replaced by Act 617/2009, which now serves as the national supplement to the eIDAS Regulation.

Situations where electronic signatures are valid

Electronic signatures are acceptable in almost all typical business situations where traditional signatures were previously sufficient:

Client, service, and partnership agreements
Offers and order confirmations
Employment contracts and non-disclosure agreements (NDAs)
Lease agreements (note: special rules in some cases)
Internal approvals and acknowledgments

Important Exceptions – When a standalone electronic signature is not enough

For certain documents, the law requires a specific form or a public authenticating officer. In these cases, a regular electronic signature alone is not sufficient:

Real estate transactions – according to the Land Code, transactions must be made either confirmed by a public authenticating officer or through the National Land Survey's electronic real estate transaction service.
Wills – the formal requirements of the Inheritance Act still require written form and witnesses.
Prenuptial agreements – the Marriage Act requires written form and registration with the Digital and Population Data Services Agency (DVV).
Certain official documents – always check the instructions of the relevant authority.

In these cases, you should verify the formal requirements directly from legislation or with a lawyer.

Evidentiary value and audit trail

The evidentiary value of an electronic signature depends on its level and how the signing event is documented. An audit trail – a comprehensive log of the signer's authentication, IP address, timestamps, and document integrity – is practically the most crucial evidence in a potential dispute. EpicSign records a detailed audit trail for every signature, which can be presented as needed.

Summary

In Finland, an electronic signature is fully legally valid in nearly all common contractual situations. The eIDAS regulation ensures that it cannot be rejected solely on the basis of its electronic form, and AES and QES level signatures offer strong evidentiary value. However, remember to check special rules for real estate transactions, wills, and prenuptial agreements, among others.

Sources

This article is a general information package and does not replace legal advice. In special situations, you should consult a lawyer.