eSignature Legality in Norway

E-Signature Legality Summary

This guide explains the electronic-signature framework in Norway, including the governing laws, legal effect, accepted signature methods, validity requirements, exclusions and practical business uses.

Applicable Laws

eIDAS Regulation No. 910/2014

Legal Status

Electronic records and signatures receive legal recognition in Norway under eIDAS Regulation No. 910/2014. The signing process must also satisfy every document-specific rule on identity, evidence, delivery, retention, witnessing, notarization, registration or filing.

Regulatory Authority

Norwegian Digitalisation Agency (Digdir)

Legal Recognition (Effect)

Article 25 of eIDAS prevents an electronic signature from being denied legal effect or admissibility solely because it is electronic. A qualified electronic signature has the legal effect equivalent to a handwritten signature; other signature levels remain subject to the evidence and formalities applicable to the transaction.

Accepted Types of Electronic Signatures

Same as the EU standard, following the eIDAS classification.

Electronic signature (ES): means data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign (eIDAS Article 3). (Even a simple action such as typing one's name below an email or scanning a signature can be regarded as an electronic signature.)

Effect: An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form or that it does not meet the requirements for qualified electronic signatures. A qualified electronic signature shall have the equivalent legal effect of a handwritten signature. (eIDAS Article 25)

AdES (advanced electronic signature):

• An advanced electronic signature shall meet the following requirements:
• it shall be uniquely linked to the signatory;
• it shall be capable of identifying the signatory;
• it shall be created using electronic signature creation data that the signatory can, with a high level of confidence, use under their sole control;
• it shall be linked to the data signed in such a way that any subsequent change in the data is detectable. (eIDAS Article 26)
• QES (qualified electronic signature): an advanced electronic signature based on a qualified electronic signature certificate (eIDAS Article 28) and created by a qualified electronic signature creation device (eIDAS Articles 29 and 30).

An Electronic Signature (SES) is data in electronic form attached to or logically associated with other electronic data and used by the signatory to sign, pursuant to Article 3 of Regulation (EU) No 910/2014 (eIDAS). An Advanced Electronic Signature (AES) must be uniquely linked to and identify the signatory, be created using data under the signatory’s sole control with a high level of confidence, and be linked to the signed data so that subsequent alteration is detectable, pursuant to Article 26. A Qualified Electronic Signature (QES) is an Advanced Electronic Signature (AES) based on a qualified certificate under Article 28 and created by a qualified device under Articles 29 and 30.

Electronic Signatures (SES) are supported across numerous scenarios. The European Digital Identity Wallet enables users to apply a Qualified Electronic Signature (QES) or Qualified Electronic Seal in a user-friendly, transparent, and traceable manner, pursuant to Article 5a(4)(e) of Regulation (EU) No 910/2014 (eIDAS). Pilot implementation is also contemplated.

Legal Requirements for Electronic Signatures

AdES (advanced electronic signature):

A legally effective signing process should preserve evidence of:

• the signer's intention to sign and the parties' consent to use an electronic process;
• reliable identification and attribution of the signature to the signer;
• integrity of the signed record and detection of later changes;
• delivery of, access to and reproduction of the final signed record;
• timestamps, authentication events and a complete audit trail; and
• every certificate, witness, notarization, registration, filing or retention requirement that governs the transaction.

Limitations and Exceptions

Not applicable to closed systems restricted by national law or by agreement between the participants;

Formal requirements concerning the validity of the conclusion of contracts, other legal or procedural obligations, and formal requirements specific to particular industries must be determined by reference to other Union or national laws. (eIDAS Article 2)

Industry Applications and Typical Use Cases

Supported in many scenarios.

eIDAS use cases (including citizen-life applications and SMEs):

The European Digital Identity Wallet enables users to sign by means of a qualified electronic signature or to seal by means of a qualified electronic seal in a user-friendly, transparent, and traceable manner. (eIDAS Article 5, paragraph 4(e))

Pilot implementation of the Digital Identity Wallet: