What is the legal value of native electronic documents (that do not require signature by the parties)?
The majority of legislation generally recognizes the validity and probative value of documents that are natively electronic (i.e., created as electronic originals), subject to compliance requirements.
There is no specific legislation relating to natively electronic records in Sweden. Electronic records are generally considered valid, depending on the technical and security measures taken to ensure the record is safeguarded against data loss, corruption and unauthorized access. Technical measures may include:
- tools to prevent unauthorized access;
- safeguards against data loss/corruption;
- ensuring continued accessibility of the record; and,
- validations (time-stamps, record of the individual who created or modified the record, etc.)
Therefore, HR-related documents (e.g. employment contracts, letters of intent, etc.) can be created directly in electronic form, without need for a paper original.