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Electronic signatures are legally valid in the UK, US, and EU for the vast majority of documents. Beyond that simple fact, there is a lot of variation in the types of signature available, what they are used for, and when specific rules apply. These are the ten questions people ask most often. Each is answered fully and independently. You do not need to read them in order. Every answer links to a dedicated guide for those who want the full detail.
Are electronic signatures legally binding? Yes, in the UK, US, and EU, for the vast majority of documents. The Electronic Communications Act 2000 in the UK, the ESIGN Act 2000 in the US, and the eIDAS Regulation (EU) No 910/2014 all establish that a signature cannot be refused or denied legal effect solely because it is electronic. An electronic signature carries the same legal weight as a handwritten one. There are a few exceptions. In England and Wales, wills must be signed in wet ink in front of two witnesses under the Wills Act 1837. Statutory declarations must be sworn in person. A small number of other document types have specific formality requirements. Deep dive: Are electronic signatures legally binding? |
What is the difference between an electronic signature and a digital signature? An electronic signature is the broad term. It covers any electronic method of indicating intent to sign, from a typed name to a drawn squiggle to a platform-generated signature. A digital signature is a specific, more secure type of electronic signature that uses cryptography to prove who signed and to detect any change to the document after signing. The choice between them is a question of risk, not validity. For high-value contracts or regulated transactions, a digital signature provides significantly stronger protection. Deep dive: Electronic signature vs digital signature: what is the difference? |
Do I need a wet signature, or will an electronic one do? For most documents, an electronic signature is sufficient and a wet-ink signature is not legally required. When someone asks you for a wet signature, it is worth asking whether that is a legal requirement or a preference. In most cases it is the latter. A wet-ink signature is genuinely required by law for wills in England and Wales (Wills Act 1837), statutory declarations, and a small number of other formal documents. For commercial contracts, employment agreements, tenancy agreements, and most business documents, no law requires wet ink. An electronic signature is fully valid. Deep dive: Do I need a wet signature, or will an electronic one do? |
What documents cannot be signed electronically? Most documents can be signed electronically. There are exceptions, such as wills in England and Wales, statutory declarations, and adoption documents. In the US, the ESIGN Act also excludes divorce decrees, court orders, and certain consumer notices relating to utilities, repossession, and insurance. Property deeds are a special case. They can be signed electronically in England and Wales, but only through specific methods accepted by HM Land Registry, such as a Mercury signature or a Conveyancer-Certified Electronic Signature (CCES). And the signer must be in the physical presence of a witness throughout. Your conveyancer manages this process. |
How do I sign a document electronically? The process depends on how the document has been sent to you. If it arrives via an e-signature platform, you receive a link by email. Click to open the document in your browser, and follow the platform’s prompts to sign. No account or software installation is normally required to sign as a recipient. If it is a PDF you need to sign yourself. Adobe Acrobat Reader (which is free) has a built-in signing tool. Open the PDF, select Fill & Sign from the toolbar, click where your signature should go, and choose how to create it. For documents you need to send to others for signing, you upload the document to an e-signature platform, add the signers’ email addresses, mark where each person signs, and send. The platform handles the rest. Deep dive: How to sign a document electronically: a step-by-step guide |
Is an electronic signature secure? Security varies significantly by method. A typed name or drawn squiggle is legally valid but provides minimal technical security. A platform-generated signature adds an audit trail recording the signer’s email address, IP address, device, and timestamp, making it substantially harder to dispute. A digital signature, backed by a certificate from a government-approved authority, provides the highest level of security. It is cryptographically tied to the signer’s verified identity and automatically detects any change to the document after signing. If the document is altered in any way after the signature is applied, the signature shows as invalid the next time the document is opened. Deep dive: Types of electronic signature: which method should you use? |
What is a qualified electronic signature? A qualified electronic signature (QES) is the highest legal tier of electronic signature. It is backed by a certificate from a government-approved trust service provider and created using a certified signing device. In law, it carries exactly the same weight as a handwritten signature and cannot be refused solely on the grounds that it is electronic. Getting a qualified certificate requires a verified identity check, similar to the checks involved in opening a bank account. This is what distinguishes a QES from a standard platform-generated signature, which does not require formal identity verification. The qualified certificate must come from a provider listed on the UK’s or EU’s government-maintained trusted list. Deep dive: What is a qualified electronic signature? |
Do UK electronic signatures work in the EU? For most documents, yes. An electronic signature applied by a UK-based signer is legally valid within the EU. EU law says a signature cannot be refused solely because it is electronic. The legal validity of the underlying contract is not affected by the signer’s location. Where it becomes more complex is at the highest tier. Before Brexit, UK trust service providers were part of the EU’s mutual recognition network, when a qualified certificate from a UK provider was automatically recognised across all EU member states. That automatic recognition ended when the UK left the EU. The two systems now run in parallel, with similar rules but no formal connection. A qualified certificate from a UK-listed provider does not automatically carry the EU legal guarantee, and vice versa. Deep dive: Do UK electronic signatures work in the EU? |
Does an electronic signature need a witness? For most documents, no. The vast majority of contracts and agreements, including commercial contracts, employment agreements, supplier terms, tenancy agreements and consumer documents, have no witnessing requirement at all, whether signed electronically or in ink. The exception is deeds. A deed, including a property transfer, a mortgage, or a lasting power of attorney, must be signed in the physical presence of a witness under the Law of Property (Miscellaneous Provisions) Act 1989. This requirement applies regardless of whether the signature is electronic or handwritten. The witness must be physically present. Remote or video witnessing is not accepted by HM Land Registry. The witness must sign the document themselves to confirm they were there. |
How do I know an electronic signature is genuine? It depends on the type of signature. For a simple electronic signature, such as a typed name or drawn squiggle, there is no automatic verification built into the document. If you need to confirm it is genuine, you rely on surrounding evidence: the email thread, the circumstances of the transaction, and any records kept by the signing platform. For a platform-generated signature, the platform produces an audit trail that records the signer’s email address, IP address, device, and the exact time of each action. This audit trail is stored separately from the document and can be produced as evidence. Most platforms make it available as a certificate attached to the completed document. Deep dive: Types of electronic signature: which method should you use? |
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