How electronic signatures work, and when they are legally binding
The short version: in the UK, the US, the EU, Canada and Australia, a signature is not invalid just because it is electronic. The longer version depends on the country, the document and the evidence you keep. This page sets out the law with links to the primary sources.
Not legal advice. This page explains how electronic signature law works in general terms and links to the primary sources. It is not legal advice. Rules differ by country and by document type, and they change; for a specific transaction, ask a qualified lawyer in the relevant jurisdiction.
In short
- Electronic signatures are recognised in every jurisdiction on this page. The common thread is the UNCITRAL principle: a signature, contract or record may not be denied effect solely because it is electronic.
- What makes a signature binding is the same as on paper: the person intended to sign, the usual requirements for a contract are met, and you can show who signed and that the document has not changed since.
- Some documents have extra formalities (wills, deeds that need a witness, some land, family and court documents). Those are the exceptions to check before e-signing.
- AiresDocs provides simple and advanced-style electronic signatures with an audit trail. It does not provide qualified electronic signatures (QES), which a few specific laws require.
How an electronic signature works in practice
An electronic signature is data attached to a document that shows a person adopted it. In a service like AiresDocs it is made up of several things working together:
- Invitation to a known address. The sender names each signer and their email address. Each signer receives a unique, random link that only they hold. Opening it is the first recorded event.
- Consent. Before signing, the signer agrees to sign electronically. That consent is timestamped. In the US this step also matters for the ESIGN Act's consumer-consent rules.
- The signing act. The signer draws, types or uploads a signature and completes their fields. The method, the time, the IP address and the browser are recorded.
- Sealing. When everyone has signed, the fields are flattened into the PDF, a certificate page is appended, and the file is hashed with SHA-256. The hash of the original upload is recorded too, so you can show what was presented to signers and that nothing changed afterwards.
The signed PDF is therefore both the agreement and, via its certificate and the hashes, the evidence of how it was made. Our guide Audit trails explained goes through each item. The difference between this and a cryptographic "digital signature" is covered in Electronic vs digital signatures.
What courts and statutes look for
Strip away the national differences and four questions decide whether an electronic signature holds up:
| Element | The question | Evidence AiresDocs records |
|---|---|---|
| Intent | Did the person mean to sign this document? | Explicit consent step, the signing act itself, required fields, the "decline" alternative, the document shown in full before signing. |
| Consent to electronic form | Did the parties agree to do this electronically? | The consent checkbox and its wording, timestamped per signer; the sender's choice to send electronically. |
| Attribution | Was it this person who signed? | Invitation to a named email address, a unique link, optional access code, IP address and user agent at each event, the signature image itself. |
| Integrity | Is this the document that was signed, unchanged? | SHA-256 hash of the original and of the final file, flattened fields, the certificate page, public verification. |
Our guide What makes an electronic signature legally binding? expands on each element with examples.
United Kingdom
England and Wales
Three sources matter. Section 7 of the Electronic Communications Act 2000 makes an electronic signature, and any certification of it, admissible in evidence on questions of the authenticity or integrity of an electronic communication or data. Regulation (EU) No 910/2014 (eIDAS) continues to apply in the UK as retained (now "assimilated") law, with UK amendments: Article 25 provides that an electronic signature "shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures". And in September 2019 the Law Commission of England and Wales published Electronic execution of documents, confirming its view that an electronic signature is capable in law of executing a document, including a deed, provided the signer intends to authenticate the document and any execution formalities are satisfied. The government accepted that analysis in March 2020.
The key formalities are:
- Simple contracts need no particular form. Most business agreements, including tenancy agreements of three years or less (Law of Property Act 1925, s 54(2)), can be signed electronically.
- Deeds must be signed in the presence of a witness who attests the signature (Law of Property (Miscellaneous Provisions) Act 1989, s 1(3); for companies, Companies Act 2006, s 44). The Law Commission concluded that the witness must be physically present; watching over video is not enough under current law. A deed can be signed electronically with a witness in the room, but AiresDocs has no witness workflow, so we recommend wet ink or a specialist process for deeds.
- Registered land. HM Land Registry accepts only specific forms of electronic signature for deeds it registers: conveyancer-certified signatures with a physically present witness and a one-time code sent by text, and qualified electronic signatures (practice guide 82). Transfers, legal charges and leases over seven years that need registration should go through a conveyancer.
- Wills must be signed in the presence of two witnesses (Wills Act 1837, s 9); the temporary pandemic-era allowance for video witnessing has ended. Do not e-sign a will.
Scotland and Northern Ireland
Scotland has its own regime under the Requirements of Writing (Scotland) Act 1995, which since 2014 provides for electronic documents and electronic signatures, with different rules for when an electronic document is "self-proving" (broadly, it needs an advanced or qualified signature). Northern Ireland's law of deeds and contracts is similar to England and Wales. The Electronic Communications Act 2000 and retained eIDAS apply across the UK.
United States
Two laws work together. The federal Electronic Signatures in Global and National Commerce Act (ESIGN) of 2000 provides, at 15 U.S.C. §7001(a), that for any transaction in or affecting interstate or foreign commerce, "a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form". The Uniform Electronic Transactions Act (UETA), a model law published by the Uniform Law Commission in 1999, says the same for state law and has been enacted by 49 states, the District of Columbia and the US Virgin Islands; New York has its own Electronic Signatures and Records Act instead.
Points that matter in practice:
- Definition. ESIGN defines an electronic signature as an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted with intent to sign. A drawn signature, a typed name or a clicked button can all qualify.
- Consumer consent. Where a law requires information to be given to a consumer in writing, §7001(c) allows electronic delivery only if the consumer has affirmatively consented after clear disclosures about hardware and software requirements, the right to paper copies and how to withdraw consent. AiresDocs's consent step records agreement to sign and receive documents electronically; businesses sending regulated consumer disclosures should make sure their own disclosure wording meets §7001(c).
- Exceptions. §7003 excludes wills, codicils and testamentary trusts; adoption, divorce and other family-law matters; most of the Uniform Commercial Code; court orders, notices and official court documents; notices of utility cancellation, of default, foreclosure or eviction on a primary residence, of health or life insurance cancellation and of product recalls; and documents accompanying hazardous materials. UETA has a similar list, and some states add their own.
- Notarisation. Where a document must be notarised, ESIGN allows electronic notarisation but the notary's own rules apply. AiresDocs does not offer notarisation.
European Union: eIDAS
Regulation (EU) No 910/2014 (eIDAS) applies directly in every member state, as amended by Regulation (EU) 2024/1183, which adds the European Digital Identity Wallet framework. It defines three levels of electronic signature in Article 3:
| Level | Definition (Article 3) | Legal effect (Article 25) | AiresDocs |
|---|---|---|---|
| Simple electronic signature (SES) | "data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign" | Cannot be denied legal effect or admissibility solely because it is electronic or not qualified. | Yes |
| Advanced electronic signature (AES) | An electronic signature meeting Article 26: uniquely linked to the signatory, capable of identifying them, created using data under their sole control, and linked to the signed data so that any later change is detectable. | As above; a stronger evidential position because of the Article 26 properties. | Advanced-style: audit trail and hashes give identification and change detection; the "sole control" element rests on the signer's email account and optional access code rather than a cryptographic key. |
| Qualified electronic signature (QES) | An AES created by a qualified signature-creation device and based on a qualified certificate from a qualified trust service provider. | Has the equivalent legal effect of a handwritten signature and is recognised across all member states. | No |
For most commercial contracts an SES or AES is sufficient, because EU member states generally allow contracts to be formed without any particular form. Where national law requires a handwritten signature for a specific document type (for example some employment, consumer-credit, guarantee or real-estate documents in particular countries), a QES is the electronic equivalent and a simple signature may not be enough. Those rules are national, so check the country whose law governs the document.
Canada
Canada splits the subject between federal and provincial law. Federally, Part 2 of the Personal Information Protection and Electronic Documents Act (PIPEDA) provides for electronic documents and signatures in dealings with federal bodies and under federal statutes; it defines an electronic signature as "a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document", and a stricter "secure electronic signature" for the cases where regulations require one.
Contracts between private parties are governed by provincial law, and every province and territory has an electronic commerce or electronic transactions statute based on the UNCITRAL model (for example Ontario's Electronic Commerce Act, 2000). They share the principle that a legal requirement for a signature is satisfied by an electronic signature, and they share a list of excluded documents that typically includes wills and codicils, trusts created by wills, powers of attorney for personal care or property, negotiable instruments and some documents of title and land transfers. Quebec's regime is in its Act to establish a legal framework for information technology and the Civil Code. Check the province whose law applies.
Australia
The Electronic Transactions Act 1999 (Cth) and matching state and territory Acts implement the UNCITRAL approach. Under section 10 of the Commonwealth Act, a requirement for a signature is met by an electronic method if the method identifies the person and indicates their intention in respect of the information communicated, the method is as reliable as appropriate for the purpose (or is proven in fact to have done those things), and the person to whom the signature must be given consents to the method. AiresDocs's named invitations, consent step, audit trail and hashes are designed to meet those three limbs for ordinary commercial documents.
Exemptions exist in regulations for particular documents and in state legislation for things like wills, powers of attorney and some deeds. Since 2022 the Corporations Act has allowed companies to sign documents, including deeds, electronically; the rules for individuals' deeds and witnessing are set by each state and territory, several of which now allow electronic deeds and remote witnessing under defined conditions. Check the relevant state for deeds, statutory declarations and affidavits.
What AiresDocs provides, in these terms
- A simple electronic signature (eIDAS SES, ESIGN/UETA "electronic signature") for every signer, created by drawing, typing or uploading.
- An advanced-style evidence package: unique signing links sent to named addresses, optional access codes, explicit consent, an append-only event log with timestamps, IP addresses and user agents, SHA-256 hashes of the original and final documents, and a public verification page. These are the properties that make a signature attributable and tamper-evident; they do not involve a personal cryptographic certificate.
- Not a qualified electronic signature, identity verification against a government document, a notarisation service, or a witnessing workflow.
In plain terms: AiresDocs is well suited to the everyday contracts of a small business. For a deed, a will, a document that must be registered, or anything where a law specifies a particular signature level, take advice first.
Documents that are commonly treated differently
The exact list is set by each country (and often each state or province). These categories come up repeatedly:
| Document | Why it is different | Examples of the rule |
|---|---|---|
| Wills, codicils, testamentary trusts | Strict signing and witnessing rules protect against fraud and undue influence. | Wills Act 1837 s 9 (E&W); ESIGN §7003(a)(1); provincial exclusions in Canada; state succession Acts in Australia. |
| Deeds | Need a witness (and sometimes a seal or delivery formality); remote witnessing is not generally permitted in England and Wales. | LP(MP)A 1989 s 1(3); Companies Act 2006 s 44; Law Commission 2019. |
| Land registration documents | Registries set their own accepted signature types. | HM Land Registry practice guide 82; provincial land title systems; Australian state e-conveyancing rules. |
| Family-law and court documents | Court rules and family statutes govern form and filing. | ESIGN §7003(a)(2) and (b)(1); court practice directions in each country. |
| Certain notices to consumers | The law wants the notice to reach the person reliably. | ESIGN §7003(b)(2): utility cut-off, default, foreclosure, eviction, insurance cancellation, product recall. |
| Powers of attorney | Often require witnessing or registration. | Lasting powers of attorney (E&W) are registered with the Office of the Public Guardian; provincial exclusions in Canada. |
| Negotiable instruments and documents of title | Possession of the original matters. | UCC exclusions in ESIGN §7003(a)(3); Canadian provincial exclusions. |
| Documents requiring QES | National law specifies the qualified level. | Country-specific under eIDAS; HM Land Registry dispositions in some cases. |
Questions
Is a typed name a valid electronic signature?
In the UK, the US, the EU, Canada and Australia a typed name can be a valid signature when the person typed it intending to sign. The Law Commission of England and Wales said in 2019 that typing a name into an electronic document is capable of being a signature. What matters is evidence of intent and of who typed it, which is why AiresDocs records the consent step, the signing event and the signer's email, IP address and device on the completion certificate.
Do I need a "qualified" signature for a business contract?
Usually not. Across the countries on this page, ordinary commercial contracts (services agreements, NDAs, offer letters, tenancy agreements, client terms) can be signed with a simple or advanced electronic signature. A qualified electronic signature (an EU and UK eIDAS category with a certificate from a qualified trust service provider) is required only where a specific law says so, for example some public-sector filings and, in some EU countries, particular document types. AiresDocs does not provide qualified signatures.
What happens if a signer later denies signing?
The question becomes one of evidence. The completion certificate shows the email address the invitation was sent to, when the link was opened, the IP address and browser used, the consent step, the signature method and the time of each event; the hashes show the document was not changed afterwards. Combined with the surrounding emails and conduct (for example the other party performing the contract), this is the kind of evidence courts weigh. An access code shared by phone adds a second factor. None of this is a guarantee, which is why high-value or unusual transactions deserve legal advice on the right level of signature.
Can a witness watch someone sign on a screen?
For English-law deeds, the Law Commission concluded in 2019 that the witness must be physically present; remote witnessing by video is not enough under current law, and HM Land Registry applies the same rule. Some other countries and some document types allow remote witnessing. If your document needs a witness, check the rules for that document in that jurisdiction before relying on an e-signature tool.
Does an electronic signature work for international contracts?
Most countries have adopted laws based on the UNCITRAL Model Law on Electronic Commerce or Electronic Signatures, so the "not invalid merely because it is electronic" principle is widespread. The exceptions, formalities and evidence rules differ, so for a contract governed by a law not covered here, check the local position.
Sources
- Electronic Communications Act 2000, section 7 (legislation.gov.uk)
- Regulation (EU) No 910/2014 (eIDAS) as retained in UK law (legislation.gov.uk)
- Law Commission, Electronic execution of documents, report of 4 September 2019 and government response
- Law of Property (Miscellaneous Provisions) Act 1989, section 1 (deeds)
- Companies Act 2006, section 44 (execution of documents by companies)
- Wills Act 1837, section 9 (signing and attestation of wills)
- HM Land Registry practice guide 8 (execution of deeds) and practice guide 82 (electronic signatures)
- Requirements of Writing (Scotland) Act 1995 (legislation.gov.uk)
- 15 U.S.C. §7001, ESIGN Act general rule of validity (Cornell LII)
- 15 U.S.C. §7003, ESIGN Act specific exceptions (Cornell LII)
- Uniform Electronic Transactions Act (1999), Uniform Law Commission
- Regulation (EU) No 910/2014 (eIDAS), EUR-Lex
- Regulation (EU) 2024/1183 amending eIDAS (European Digital Identity Framework), EUR-Lex
- Personal Information Protection and Electronic Documents Act (PIPEDA), Part 2, Electronic Documents (Justice Laws Canada)
- Ontario Electronic Commerce Act, 2000 (e-Laws)
- Electronic Transactions Act 1999 (Cth), Federal Register of Legislation
If a link above stops working or the law changes, email support@airesdocs.com and we will update this page; changes are dated in the changelog.
Ready to send something?
Every AiresDocs document comes with the consent record, event log and hashes described above, on the free plan too.