Do UK electronic signatures work in the US?

What law governs electronic signatures in the US?

Two federal and state frameworks apply in the US.

• The Electronic Signatures in Global and National Commerce Act (ESIGN Act), enacted in 2000 is the federal statute. It provides that a contract or signature cannot be denied legal effect solely because it is in electronic form. It applies to transactions 'in or affecting interstate or foreign commerce' which includes most cross-border commercial contracts.
• The Uniform Electronic Transactions Act (UETA) has been adopted by 49 US states and the District of Columbia. It applies to transactions between parties that have agreed to conduct business electronically. Where both ESIGN and UETA apply, UETA governs for state-law transactions; ESIGN governs where UETA has not been adopted or where federal law applies.

Neither the ESIGN Act nor UETA distinguishes between signatures created in the US and signatures created abroad. A UK electronic signature used to execute a US-law contract is treated the same as a US electronic signature, provided the method demonstrates intent to sign.

What law governs electronic signatures in the UK?

The UK has two primary instruments.

• The Electronic Communications Act 2000 (UK) established that electronic signatures are admissible in legal proceedings and are capable of establishing the authenticity or integrity of an electronic communication. It does not create a comprehensive e-signature framework; it removes the common-law barrier that might otherwise prevent electronic signatures from being recognised.
• UK eIDAS is the retained domestic version of the EU eIDAS Regulation (EU) which the UK incorporated into domestic law following Brexit. It defines the three tiers of electronic signature (simple, advanced, and qualified) and governs how UK trust service providers are authorised. UK-issued qualified electronic signatures are no longer automatically recognised across EU member states; they carry the same legal weight as a handwritten signature under UK law only.

For cross-border contracts with US parties, the relevant question is not which tier of UK e-signature was used, but whether the execution method demonstrates clear intent to sign under the law governing the contract.

Does the US recognise a UK electronic signature?

Yes, in practice. The ESIGN Act does not require a signature to be created in the US, and it does not exclude foreign electronic signatures. A UK party signing a US-law contract electronically, through a platform such as DocuSign, Adobe Acrobat Sign, or any method that records intent, identity, and time of signing, produces a signature that US courts and parties treat as valid.

The same applies in reverse. A US party signing a contract governed by English law uses a signature that is valid under the Electronic Communications Act 2000 and UK eIDAS.

If a dispute arises, the enforcing party must demonstrate that the signatory intended to sign, that the document was not altered after signing, and that the signatory was who they claimed to be. A platform-generated audit trail addresses all three. A simple typed name in an email body addresses none of them reliably. The tier of e-signature used determines how strong that proof is, not whether the signature is valid.

What does the governing law clause in a contract do?

The governing law clause in a commercial contract specifies which country's law applies to the interpretation and enforcement of the contract. For e-signature purposes, it determines which country's electronic signature rules are applied if a party challenges the validity of the signature.

If a UK-US contract says 'this agreement is governed by the laws of the State of New York,' a US court will apply the ESIGN Act and New York's Electronic Signatures and Records Act (ESRA) to determine whether the electronic signature is valid. Under New York ESRA, electronic signatures have the same legal effect as handwritten signatures.

If the contract says 'this agreement is governed by English law,' an English court applies the Electronic Communications Act 2000 and UK eIDAS. English courts have consistently recognised electronically executed commercial contracts.

A contract with no governing law clause creates uncertainty. Courts will determine which jurisdiction has the closest connection to the contract, which may produce an unpredictable result. For cross-border contracts, a governing law clause is not optional.

Which documents may still require a wet ink signature?

Both UK and US law exclude certain document types from e-signature legislation. These exclusions apply regardless of which country's law governs the contract.

Excluded under the ESIGN Act (US):

• Wills, codicils, and testamentary trusts
• Adoption and divorce documents (in some states)
• Court orders and notices
• Notices of cancellation of utility services
• Product recall and safety notices
• Foreclosure and eviction notices

Excluded or restricted under UK law:

• Wills (require wet ink signature and two witnesses under the Wills Act 1837)
• Deeds, unless executed in accordance with the Law of Property (Miscellaneous Provisions) Act 1989 (a deed can be e-signed in England and Wales, but requires a witnessed electronic signature)
• Land registration documents. HM Land Registry has its own requirements; check current HM Land Registry guidance before proceeding
• Bills of exchange and promissory notes

For a UK-US cross-border transaction, check the exclusions in both jurisdictions. If a document type is excluded in either, a wet ink signature is the safer course.