Are Electronic Signatures Legally Binding? (2026)

Yes, Electronic Signatures Are Legally Binding

Electronic signatures are legally binding and enforceable in the United States, the European Union, the United Kingdom, Canada, Australia, and the vast majority of countries worldwide. This is not new — e-signature laws have been in effect for over twenty-five years in most major jurisdictions.

But "legally binding" does not mean "always valid in every situation." There are important distinctions between types of electronic signatures, specific document categories that require higher levels of authentication, and a handful of documents where electronic signatures are simply not accepted.

This guide covers everything you need to know about e-signature legality in 2026, including the specific laws that apply, the three types of electronic signatures, and the situations where you need something more than a simple e-signature.

Electronic Signature Laws Around the World

United States: ESIGN Act and UETA

The two foundational laws governing electronic signatures in the US are the ESIGN Act (Electronic Signatures in Global and National Commerce Act, 2000) and UETA (Uniform Electronic Transactions Act, adopted by 49 states plus Washington D.C.).

What the ESIGN Act establishes:

An electronic signature cannot be denied legal effect, validity, or enforceability solely because it is in electronic form
A contract cannot be denied legal effect solely because an electronic signature was used in its formation
Electronic records satisfy any law that requires information to be in writing

What this means in practice: If you sign a contract, NDA, lease agreement, or business proposal using an electronic signature — whether drawn on a touchscreen, typed, or applied as an image — that signature carries the same legal weight as a handwritten signature on paper.

European Union: eIDAS Regulation

The eIDAS Regulation (EU 910/2014) is the legal framework for electronic signatures across all EU member states. It went into effect in July 2016 and replaced the earlier Electronic Signatures Directive.

eIDAS is notable because it defines three distinct levels of electronic signatures, each with different legal weight:

Simple Electronic Signature (SES) — The most basic form. Any data in electronic form that is attached to or logically associated with other electronic data and used by the signatory to sign. This includes drawn signatures, typed names, checkbox confirmations, and click-to-agree actions. This is what most online signing tools, including SigPDF, create.
Advanced Electronic Signature (AES) — Must be uniquely linked to the signatory, capable of identifying the signatory, created using electronic signature creation data that the signatory can use under their sole control, and linked to the data signed in such a way that any subsequent change in the data is detectable.
Qualified Electronic Signature (QES) — An advanced electronic signature created by a qualified electronic signature creation device and based on a qualified certificate for electronic signatures. This is the only type that automatically has the legal equivalent of a handwritten signature in all EU member states.

The practical reality: For most business documents — contracts, agreements, invoices, NDAs, proposals, and general correspondence — a simple electronic signature (SES) is sufficient. Courts across the EU routinely accept simple e-signatures as evidence of agreement.

QES is required only for specific regulated transactions that vary by member state. For example, Germany requires QES for certain documents that must satisfy "written form" (Schriftform) requirements under the German Civil Code.

United Kingdom: Electronic Communications Act 2000

The UK recognizes electronic signatures through the Electronic Communications Act 2000, supplemented by the Law Commission's 2019 report on Electronic Execution of Documents.

Key points for UK law:

Electronic signatures are admissible in evidence and capable of satisfying the requirement for a signature in most legal contexts
The Law Commission confirmed that electronic signatures can validly execute deeds, provided there is attestation (a witness)
There is no general requirement for a specific type of electronic signature — even a typed name in an email can constitute a valid signature if it was intended to authenticate the document

Post-Brexit note: The UK retained the substance of the eIDAS framework through the Electronic Identification and Trust Services for Electronic Transactions Regulations 2019, so the three-tier SES/AES/QES framework still applies domestically.

Canada

Electronic signatures are governed at both federal and provincial levels. The Personal Information Protection and Electronic Documents Act (PIPEDA) provides the federal framework, while each province has its own electronic commerce act (such as Ontario's Electronic Commerce Act, 2000).

Electronic signatures are valid across Canada for most commercial and personal transactions, with exceptions for wills, trusts, powers of attorney, and negotiable instruments (which vary by province).

Australia

The Electronic Transactions Act 1999 provides the legal basis for electronic signatures in Australia. The Australian government has progressively expanded the acceptance of e-signatures, including changes accelerated during 2020 that allowed e-signatures for many documents that previously required wet ink.

The Three Types of Electronic Signatures

Understanding the difference between these three types helps you know when a simple signature is enough and when you need something more.

Simple Electronic Signature (SES)

What it is: Any electronic indication of a person's intent to agree to or approve the contents of a document.

Examples:

Drawing your signature with your finger on a touchscreen
Typing your name in a signature field
Uploading an image of your handwritten signature
Clicking an "I Agree" button
Pasting your name at the bottom of an email

When it is sufficient: Employment contracts, NDAs, freelance agreements, invoices, purchase orders, rental applications, permission forms, business proposals, and the vast majority of everyday business documents.

Tools that create SES: SigPDF, DocuSign, HelloSign, Adobe Sign, and most online signing tools.

Advanced Electronic Signature (AES)

What it is: An electronic signature that meets additional requirements for identity verification and data integrity.

Requirements:

Uniquely linked to and capable of identifying the signatory
Created using data under the signatory's sole control
Linked to the signed data so that any change is detectable

When it is needed: Higher-value contracts in some EU jurisdictions, certain government submissions, some financial services documents, and situations where the signatory's identity needs to be verified with greater certainty.

Qualified Electronic Signature (QES)

What it is: The highest level of electronic signature. Created using a qualified signature creation device (typically a smart card or USB token) and based on a qualified certificate issued by a trusted service provider.

When it is required:

Documents requiring "written form" in Germany (employment terminations, consumer guarantees, long-term residential leases)
Certain regulated transactions in France, Italy, and other EU member states
Specific government filings in some jurisdictions

Important: QES is the only type of electronic signature that has automatic legal equivalence to a handwritten signature across all EU member states. However, this does not mean SES is invalid — it means SES has legal admissibility but not automatic equivalence.

When Electronic Signatures Are NOT Valid

Despite broad legal acceptance, there are specific categories of documents where electronic signatures are generally not accepted:

Documents That Typically Require Wet-Ink Signatures

Wills and testaments — Most jurisdictions worldwide still require handwritten signatures on wills. This is one of the most universal exceptions to e-signature acceptance
Codicils and testamentary trusts — Related to wills, these follow the same requirements
Court orders and official court documents — Issued by courts and generally require original signatures or court-specific electronic filing systems
Notarized documents — Traditional notarization requires physical presence and a wet-ink signature. However, remote online notarization (RON) is now legal in many US states and gaining acceptance elsewhere
Certain real estate transfers — While many real estate documents can be e-signed, the actual deed recording at a county recorder's office may require wet ink in some jurisdictions

Documents With Jurisdiction-Specific Requirements

Adoption papers — Varies by state and country
Divorce agreements — Some states require wet-ink signatures
Powers of attorney — Varies widely by jurisdiction; some accept e-signatures, others do not
Immigration documents — Generally require wet-ink signatures on government-issued forms

How to Ensure Your E-Signature Holds Up

Whether you are signing a document yourself or sending one for someone else to sign, these practices strengthen the legal standing of your electronic signature:

1. Demonstrate Clear Intent to Sign

The signer should take an affirmative action — drawing a signature, typing their name, clicking a "Sign" button. Passive acceptance (like silence or inaction) can be challenged.

2. Keep a Complete Record

Save the signed PDF with a timestamp. If possible, record the signer's email address and the date and time of signing. Tools like SigPDF embed the signature directly into the PDF, creating a self-contained signed document.

3. Ensure the Document Is Tamper-Evident

Use a signing tool that embeds the signature into the PDF in a way that makes subsequent modifications detectable. A signature that exists as a separate overlay or annotation can be more easily challenged than one that is permanently embedded.

4. Confirm Consent to Electronic Signing

Before sending a document for electronic signature, confirm that the other party agrees to use electronic signatures. Under the ESIGN Act, consumers must consent to receiving electronic records.

5. Verify Jurisdiction Requirements

If the document involves real estate, government filings, regulated industries, or cross-border transactions, check whether a simple electronic signature is sufficient or whether you need AES or QES.

Try SigPDF for Legally Valid E-Signatures

For most documents you encounter in business and personal life, a simple electronic signature is all you need. SigPDF lets you add a legally valid signature to any PDF in seconds — no account required, and your document is processed entirely in your browser for maximum privacy.

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Frequently Asked Questions

Can an electronic signature be used in court?

Yes. Under the ESIGN Act, eIDAS, and equivalent laws in most countries, electronic signatures are admissible as evidence in court proceedings. A court cannot reject a signature solely because it was created electronically. The evidential weight may depend on the type of signature and the circumstances of signing.

Is a typed name a valid electronic signature?

Yes. A typed name qualifies as a simple electronic signature (SES) under both the ESIGN Act and eIDAS, provided the person typing their name intended it as their signature. Context matters — a name typed in a dedicated signature field carries more weight than a name typed in a casual email.

Do I need a special tool to create a legally binding e-signature?

No. The legal validity of an electronic signature depends on the intent to sign and the association with the document, not the specific tool used. That said, using a reliable signing tool like SigPDF that embeds the signature permanently in the PDF creates a cleaner, more professional result and a stronger evidentiary record.

Are electronic signatures valid for international contracts?

In most cases, yes. The US, EU, UK, Canada, Australia, and many other countries mutually recognize electronic signatures for international commerce. However, the specific legal framework that applies depends on the governing law clause in the contract. When in doubt about cross-border transactions, consult a legal professional in the relevant jurisdictions.