The Legality of Electronic Signatures in Finland

In Finland, electronic signatures are generally legally valid. This article explains what the EU's eIDAS regulation and Finland's national legislation say about electronic signing, what the signature levels are, and in what situations a mere electronic signature is not sufficient.

The short answer: yes, electronic signatures are valid in Finland

The EU's eIDAS Regulation (EU) No 910/2014 is directly applicable law in Finland. Its Article 25 states that an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form. Furthermore, a qualified electronic signature (QES) is treated at the EU level in the same way as a traditional handwritten signature.

Finland's Contracts Act (228/1929) does not, as a rule, impose formal requirements on a contract—a contract can be formed electronically just as it can on paper. This applies to most everyday contracts for businesses and consumers.

The EU eIDAS Regulation and three signature levels

eIDAS defines three levels, with increasing evidentiary value and requirements:

SES (Simple Electronic Signature) – a simple electronic signature, e.g., a name in an email or a checkbox on a web form. Valid, but has weaker evidentiary value.
AES (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 signature authenticated with bank credentials or a mobile certificate is typically an AES-level signature.
QES (Qualified Electronic Signature) – which 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 credentials and mobile certificates, resulting in a signature that typically meets AES-level requirements.

Finnish national legislation – what do the laws say?

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

The older Act on Electronic Signatures (14/2003) was repealed in the 2016 legislative reform.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

In what situations are electronic signatures valid?

Electronic signatures are valid in almost all ordinary business situations where a traditional signature was previously sufficient:

Customer, service, and collaboration agreements
Quotations 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 an electronic signature alone is not enough

In certain documents, the law requires a specific form or a public notary. In these cases, a simple electronic signature is not enough:

Real estate transactions – according to the Land Code, the transaction must either be confirmed by a public notary or conducted through the National Land Survey's electronic real estate transaction service.
Wills – the formal rules of the Inheritance Code still require a written form and witnesses.
Prenuptial agreements – the Marriage Act requires a written form and registration with the local register office (DVV).
Certain official documents – always check the instructions of the specific authority.

In these cases, it is advisable to verify the formal requirements directly from the legislation or 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. The audit trail – a comprehensive log of the signer's authentication, IP address, timestamps, and document integrity – is the most crucial piece of evidence in a potential dispute. EpicSign records a detailed audit trail for every signature, which can be presented if needed.

Summary

Electronic signatures are fully legally valid in Finland in almost all ordinary contractual situations. The eIDAS regulation ensures that they cannot be rejected solely because of their electronic form, and AES and QES level signatures provide strong evidentiary value. However, remember to check for 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, it is advisable to consult a lawyer.