Finland
Contributor: Lexia Helsinki
Author: Lexia Attorneys
1. Is there specific legislation in Finland 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?
No.
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 Finland use an electronic register for Aircraft Documents or Aircraft Lease Documents (including Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs)?
Yes
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 Finland?
Yes, the Aviation Authority in Finland (Traficom) has an electronic service portal where applications and notifications can be filed.
5. Do the courts of Finland 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?
No.
6. Is it possible to upload lawsuits, pleadings, and procedural documents electronically in Finland?
Some lawsuits and cases can be filed through the electronic services of the district court. These are cases concerning undisputed debts.
The special courts and administrative courts have e-services through which documents may be sent.
Lawsuits, pleadings and procedural documents can, in most cases, be sent to the courts electronically via e-mail.
7. Do the courts of Finland accept procedural documents executed digitally? Is there any specific certification required? Does Finland make any distinction between official digital signatures and private digital signatures?
Yes. Usually, no specific certification is required.
Electronic signatures are divided into three different levels in the eIDAS Regulation (EU) No 910/2014. These are electronic signatures, advanced electronic signatures and qualified electronic signatures. The only qualified trust service provider in Finland is the Population Register Centre, which is the only provider in Finland providing signing certificates required for qualified electronic signatures. A qualified electronic signature is legally binding and indisputable in the whole EU. In Finland, it is not necessarily required to use a qualified electronic signature; often, an electronic signature of a “lower” level is accepted.
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?
No
9. Can foreign entities not located in Finland execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority in Finland? Are there any other formalities required?
No, it is not possible to register any Finance Documents with the Aviation Authority in Finland (Traficom). There is also no form prescribed by law for such Agreements.
10. Does the Aviation Industry in Finland usually use digital tools such as blockchain technology for the purpose of control of Aircraft Documents in substitution of printed paper Aircraft Documents?
Not to our knowledge.
11. Are there any Notary or Apostille requirements in Finland? If so, do they apply to electronically executed documents, and how does this affect the possibility of electronic execution and delivery of aviation documents?
Documents issued abroad by a foreign authority (except in the Nordic countries) need to be legalised in order for the document to have the intended legal effect in Finland. Certain public documents in the EU are accepted without an Apostille according to an EU Regulation.
In Finland, you can only legalise a document with a handwritten signature or stamp, and thus electronically executed documents cannot be legalised in Finland.
However, Finland accepts electronically executed documents that have been legalised in another country.
a. Has Finland implemented the e-Apostille program?
No.