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Legal Guide

What is an electronic signature?

What is an electronic signature and how does it work? Learn the legal definition, types, and how e-signatures compare to digital signatures.

document with digital signature surrounded by glyphs for each type

Quick answer · the 30-second read

An electronic signature is any digital way of signing a document, from typing your name, to clicking ‘I agree’, to drawing a squiggle on a screen.

Electronic signatures have the same legal standing as a handwritten signature for the vast majority of documents in the UK, US, and across the EU. You do not need to print, sign, and scan a document. You sign it digitally, and it is done.

The term covers a wide range of methods. A typed name at the bottom of an email is an electronic signature. So is a tick-box on a website, a finger-drawn squiggle on a touchscreen, or a secure certificate-backed signature generated by a signing platform. What is important is not what it looks like, it is whether you intended to sign.

Some types of electronic signature are more secure than others. A typed name is easy to dispute. A signature generated by a specialist platform creates an automatic record of who signed, when, and on which device, making it much harder to challenge. For everyday documents, a simple electronic signature is fine. For high-value contracts or regulated transactions, a more secure type gives you stronger protection.

BASIC QUESTIONS

Is an electronic signature legal?

Yes. Electronic signatures are legally recognised in the UK, across the EU, and in the US. In the UK, the law that makes them valid is the Electronic Communications Act 2000. In the US it is the Electronic Signatures in Global and National Commerce Act (the ESIGN Act, 2000). Across the EU it is the eIDAS Regulation. All three laws say that a signature cannot be rejected simply because it is electronic.

A small number of documents are exceptions. Wills in England and Wales, for example, still require a traditional wet-ink signature witnessed in person. But for the vast majority of everyday documents, an electronic signature is as valid as ink on paper.

What counts as an electronic signature?

More than most people expect. Any of the following count:

  • Typing your name at the bottom of an email or document
  • Clicking ‘I agree’ or ‘I accept’ on a website or app
  • Drawing your signature on a touchscreen with your finger or a stylus
  • Using an e-signature platform such as those that send a signing link by email
  • A scanned image of your handwritten signature pasted into a document

The common thread is intent. You must be doing it deliberately, with the intention of signing. A signature is not valid just because your name appears on a document.

Is it safe to sign electronically?

For most documents, yes, and in many cases safer than paper. A signed paper document can be lost, altered, or disputed without a clear record of what happened. A good e-signature platform creates a timestamped record of who signed, from which device, and at what time. That record is often more reliable evidence than a piece of paper.

The level of security varies by method. A typed name provides minimal protection on its own. A signature generated by a dedicated platform provides a much stronger audit trail. For high-value or sensitive documents, it is worth using a platform rather than simply typing your name.

Do I need special software or an account?

Not for basic electronic signatures. Typing your name on a document or clicking a button requires no specialist software at all.

For a more secure signature with a proper audit trail, the kind most businesses use for contracts, you will typically need to use an e-signature platform. These are web-based services; in most cases the person signing does not need an account. They receive a link by email, click to open the document, and sign. The platform handles everything else.

Is an electronic signature the same as a digital signature?

No, though the terms are often confused. An electronic signature is the broad term. It covers any electronic method of signing. A digital signature is a specific, more secure type of electronic signature that uses cryptography to verify who signed and to detect whether the document has been changed afterwards.

Think of it this way: all digital signatures are electronic signatures, but most electronic signatures are not digital signatures. A typed name is an electronic signature. A certificate-backed signature generated by a secure platform is a digital signature. For a full explanation of the difference, see Electronic signature vs digital signature: what is the difference?.


GOING DEEPER

Are all electronic signatures equally strong?

No. There are three recognised tiers, defined in law across the UK and EU.

A simple electronic signature is any electronic indication of intent to sign, such as a typed name or a tick-box. It is legally valid but the easiest to dispute, because there is no automatic proof of who actually signed.

An advanced electronic signature is linked to the signer in a way that can be verified, and it detects any changes made to the document after signing. It is harder to dispute and is the standard offered by most reputable e-signature platforms.

A qualified electronic signature is the highest tier. It is backed by a certificate from a government-approved authority and carries the same legal weight as a handwritten signature in law. It cannot be rejected solely because it is electronic. It is typically used for high-value or regulated transactions.

For most everyday purposes, a simple or advanced electronic signature is sufficient. The tier matters most when a dispute is likely, or when a specific contract or regulator requires a higher standard.

When do I need a more secure type of electronic signature?

The higher the stakes, the more secure your signature should be. Consider using an advanced or qualified electronic signature when:

  • The contract is high value and a dispute would be costly
  • You are dealing with a regulated industry such as financial services or healthcare
  • You are signing across borders within the EU, where qualified signatures carry a specific legal guarantee
  • The other party requires it, or your organisation’s policy specifies it

For standard commercial contracts, employment agreements, and routine supplier documents, a simple or advanced electronic signature from a reputable platform is generally sufficient.

What documents cannot be signed electronically?

Most documents can be signed electronically. There are some exceptions where the law still requires a traditional handwritten signature.

In England and Wales, wills must be signed in wet ink in front of two witnesses in the same room. Electronic signatures are not valid for wills under the Wills Act 1837. Certain other documents, including statutory declarations, also require specific formalities that electronic signatures cannot satisfy.

Property deeds are a special case. They can be signed electronically, but only through specific methods accepted by HM Land Registry: either a Mercury signature (where you sign a printed page in ink, then scan it) or a Conveyancer-Certified Electronic Signature (where you sign through a platform in the physical presence of a witness). Your conveyancer will manage this process.

In the US, wills, court orders, and certain consumer protection notices are also excluded from the federal law that recognises electronic signatures.

Does an electronic signature need a witness?

For most documents, no. Everyday commercial contracts, employment agreements, and the majority of business documents do not require a witness, whether signed electronically or in ink.

Deeds are different. A deed, including a property transfer or a lasting power of attorney, must be signed in the physical presence of a witness. This applies whether you are signing electronically or in ink. The witness must be there in person; someone watching over a video call does not count.

If you are unsure whether a document needs a witness, check with a solicitor. The question is usually about the type of document, not the type of signature.

What happens if someone disputes an electronic signature?

The key question in a dispute is whether the signature is authentic. Did the right person sign, and is the document unchanged since they signed it?

A simple electronic signature such as a typed name relies on surrounding evidence: emails, timestamps, the context of the transaction. That evidence may be strong or weak depending on the situation.

A signature from a reputable e-signature platform comes with an audit trail: a record of the email address used, the IP address of the device, the time of signing, and each action taken. This makes it significantly harder to dispute. An advanced or qualified electronic signature goes further, using cryptography to tie the signature to the signer’s verified identity and to detect any change to the document after signing.

In UK courts, electronic signatures are admissible as evidence under the Electronic Communications Act 2000. Courts look at the totality of the evidence, not just the signature itself.

Does the law work differently in Scotland?

The core principle is the same: electronic signatures are legally valid. But Scotland has its own rules about formal documents.

For a document to be self-proving in Scotland, meaning a court presumes it is valid without needing additional evidence, it must carry a qualified electronic signature. An advanced electronic signature satisfies the authentication requirement but does not make a document self-proving. A simple electronic signature such as a typed name does neither for formal documents.

For everyday commercial contracts that do not require formal writing, any type of electronic signature works fine in Scotland, just as it does elsewhere in the UK.

What is the position in the US?

Federal law, in the shape of the ESIGN Act 2000, gives electronic signatures the same legal standing as handwritten signatures for most commercial and consumer documents. Forty-nine states have also adopted the Uniform Electronic Transactions Act (UETA), which covers transactions within individual states.

The ESIGN Act excludes a limited number of document types: wills, adoption and divorce documents, and certain consumer protection notices. For everything else, an electronic signature is fully valid.

Illinois and New York have their own state electronic signature laws rather than UETA, though the practical effect for most signers is similar. If you are signing a document with specific state-law implications, it is worth checking the rules for that state.

Legislative references

Every factual claim on this page traces to one of the following primary sources.

UK

Electronic Communications Act 2000 (c. 7), s. 7 - makes electronic signatures admissible as evidence in UK proceedings. legislation.gov.uk/ukpga/2000/7

Wills Act 1837 - requires wet-ink witnessing for wills in England and Wales. https://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/9  

Law of Property (Miscellaneous Provisions) Act 1989, s. 1(3) - requires physical witness presence for deeds. legislation.gov.uk/ukpga/1989/34

HM Land Registry, Practice Guide 82 (updated 7 July 2025) - Mercury signatures and CCES; physical witness required; QES pilot. gov.uk — Practice Guide 82

Requirements of Writing (Scotland) Act 1995; Electronic Documents (Scotland) Regulations 2014 (SSI 2014/83) - self-proving status requires a qualified electronic signature in Scotland. legislation.gov.uk/ssi/2014/83

Law Commission, Electronic Execution of Documents, Law Com No 386 (2019) - confirms electronic signatures valid for deeds; physical witness presence required. lawcom.gov.uk — Electronic Execution of Documents

Data (Use and Access) Act 2025 (c. 18), Part 2 - Digital Verification Services (DVS) framework; OfDIA. In force 1 December 2025. legislation.gov.uk/ukpga/2025/18/part/2

EU

eIDAS Regulation (EU) No 910/2014 - defines simple, advanced, and qualified electronic signatures. Article 25(2): qualified electronic signature has the same legal effect as a handwritten signature across all EU member states. eur-lex.europa.eu — CELEX:32014R0910

Note: eIDAS 2.0 (Regulation (EU) 2024/1183) does not apply to the UK. EU member states must provide digital identity wallets to citizens by end of 2026.

US

ESIGN Act 2000, 15 U.S.C. §§ 7001–7031 - electronic signatures legally equivalent to handwritten signatures in interstate and foreign commerce. https://www.law.cornell.edu/uscode/text/15/7001 

Uniform Electronic Transactions Act (UETA) - adopted by 49 states and the District of Columbia. uniformlaws.org — UETA adoption table

All information on this page was accurate as of May 2026. Produced by Signatures.com, an independent editorial authority. Not legal advice.