Digital Aviation Document QAs: Sweden
Contributor: Astra Advokater
Author: Stephan Eriksson, Johan Cederberg
1. Is there specific legislation in Sweden ruling the using of documents (such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs) executed with the use of digital platforms or any electronic signatures by the local Aviation Authority?
At this time, the Swedish Aviation Authority does not have a digital platform capable of electronic submissions of registration for ownership, leases etc. Furthermore, the authorities do not, at this point, accept digitally signed agreements as the foundation of registration matters. The trend in Sweden is, however, that public authorities strive towards digital handling of such matters, and it can be expected that in the near future, the submission of registration will be available digitally.
2. If your answer to (1) is yes, is there any specific requirement for the validity of such signatures, such as completion with a specific cryptographic platform developed by any local institute of technology?
N/A
3. Does the Aviation Authority in Sweden use an electronic register for Aircraft Documents or Aircraft Lease Documents (including Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs)?
Yes, the registry is digital, although only information about the owner and the operator is publicly available.
4. If your reply to question 3 is yes, is it possible to upload electronic files for registration, such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs with the Aviation Authority in Sweden?
No, the submission for registration must be filed with physical files, signed in wet ink. The authority then transfers the physical documents into their electronic register.
5. Do the courts of Sweden consider valid and enforceable documents executed by the use of some type of digital signature or certification even if not registered (or registrable) with the local Aviation Authority?
Agreements, although not accepted as grounds for registration with the Aviation Authority, are legally binding between the parties no matter the format (verbal, signed digitally or signed in wet ink). The enforceability of such agreement is, should dispute arise, an issue of evidence.
6. Is it possible to upload lawsuits, pleadings, and procedural documents electronically in Sweden?
Yes, that is possible and nowadays preferred by the courts.
7. Do the courts of Sweden accept procedural documents executed digitally? Is there any specific certification required? Does Sweden make any distinction between official digital signatures and private digital signatures?
Procedural documents are widely accepted and preferred by the courts. For procedural documents, there are no requirements for signing whatsoever. However, POAs needs to be submitted to the courts in original or signed and submitted through the court’s digital platform for it to be acceptable.
8. Are there any formal requirements for the validity of documents executed by digital signatures? Ex.: Does the consent of the parties to digital signatures have to be expressly referred to in the agreement?
As mentioned above, agreements are legally binding, no matter the format. If digitally signed, it does not need expressed consent or referral. However, to avoid the issue of proving the validity of the agreement (or other document), it is recommended that it is clearly stated that the agreement or document is signed digitally, and it is further recommended that cryptographic or two-step authentication is used to validate the signee’s identity.
9. Can foreign entities not located in Sweden execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority in Sweden? Are there any other formalities required?
No, the Aviation Authority does not accept digitally signed agreements or finance documents. Such documents need to be submitted in original (and in case of lease, together with two (2) authenticated copies). Furthermore, if the applicant is a legal entity, some sort of proof of incorporation showing the legal capacity of the signee will need to be submitted.
10. Does the Aviation Industry in Sweden usually use digital tools such as blockchain technology for the purpose of control of Aircraft Documents in substitution of printed paper Aircraft Documents?
To our knowledge, no.
11. Are there any Notary or Apostille requirements in Sweden? If so, do they apply to electronically executed documents, and how does this affect the possibility of electronic execution and delivery of aviation documents?
No, generally, there are no notary or apostille requirements. In cases where authentication of a document is required, it is sufficient that a physical person (stating name, SSN, telephone number) asserts the authenticity of the relevant document with a staple on the copy.
a. Has Sweden implemented the e-Apostille program?
No.