Are electronic signatures legal? A rule of thumb for any country

The short answer

In most countries, yes. Laws in a large part of the world say that a signature or a contract can’t be refused just because it is electronic. Many of them are based on two model laws written by the United Nations for international trade, which is why the rules look so alike from one country to the next.

That covers the everyday paperwork most people sign: service agreements, quotes, NDAs, consent and release forms, most employment documents and many leases. A small number of documents usually need something more, and those differ by country.

The rule of thumb

Almost everywhere, an electronic signature holds up when you can show five things:

• Who signed. The signature is linked to a real person, for example through a private link sent to their own email address.
• That they meant to sign. They took a clear action, such as drawing or typing their signature and choosing Finish.
• That they agreed to do it electronically. Signing online, rather than asking for paper, normally shows this.
• That the document hasn’t changed. The signed file is kept exactly as it was, ideally with a fingerprint that would change if anyone edited it.
• What happened, and when. A record of when the document was sent, opened and signed.

Docket Secure keeps that record for you: each signed PDF ends with an activity trail page, and the finished file has a fingerprint anyone can check.

Documents that usually need more

These are the kinds of document most often left out of electronic signature laws, or given extra rules. The exact list is different in each country, so treat this as a list of things to check, not a final answer:

• Wills, and usually codicils, which in many places must be signed on paper in front of witnesses.
• Deeds and property transfers, such as selling or mortgaging land, which often need witnesses, a notary or a registry’s own process.
• Powers of attorney, especially lasting or enduring ones.
• Documents that need a notary, and many court and official government forms.
• Some consumer notices, such as notices to cut off utilities or to evict, in some places.

When a stronger signature is worth it

Some legal systems, including the UK’s, describe levels of electronic signature, from simple to advanced and qualified. Others, like the US, make no such distinction. Either way, a simple electronic signature with a good record is normally enough for everyday documents.

Consider more, such as checking the signer’s ID, using access codes, signing in person or a certificate-based signature, when a document is valuable, heavily regulated or likely to be challenged.

How to check the rules where you are

1. Search for your country’s electronic signatures law or electronic transactions act. Most governments publish a plain summary.
2. Check whether your type of document appears in a list of exceptions.
3. If the other person is in another country, agree in the document which country’s law applies.
4. For anything important or unusual, ask a lawyer where you are.

The law in the UK and the US

We have detailed guides for two countries: are electronic signatures legal in the UK and in the US, with lists of the documents that can’t be signed electronically in the UK and in the US.