Are electronic signatures legally binding?

This is general information, not legal advice. Rules vary by jurisdiction and document type.

In the United States, the European Union, the United Kingdom and most other jurisdictions, a properly executed electronic signature carries the same legal weight as a handwritten one for the vast majority of contracts. The exceptions are specific document types, not a general exception for "electronic" versus "ink".

• United States — ESIGN Act (2000) and UETA. Together they establish that a signature, contract, or record cannot be denied legal effect solely because it's electronic. Nearly every state has adopted UETA; New York uses its own similar law (ESRA) instead.
• EU and UK — eIDAS. Defines three tiers: a simple electronic signature (any electronic mark showing intent to sign), an advanced electronic signature (uniquely linked to the signer, using certificate-based technology), and a qualified electronic signature (the highest tier, issued by an accredited trust service provider, given the same legal status as a wet signature by default). Most business e-signature tools, Signavos included, provide simple electronic signatures.

When a signature is challenged, courts generally examine four things, regardless of which specific law applies:

1. 01Intent to sign — did the person mean to sign, not just accidentally interact with a page?
2. 02Consent to do business electronically — did they agree to sign this way, at least implicitly by proceeding?
3. 03Association of the signature with the record — is there a reliable link between this person's signature and this specific document, not a different version of it?
4. 04Record retention — can the signed document and the circumstances of signing be reproduced later, unaltered?

An audit trail is what supplies evidence for all four — see what is an electronic signature audit trail? A signature with no supporting record technically satisfies the first element but leaves the other three thin.

Certain document types are frequently carved out of electronic-signature laws, or subject to extra formality requirements, depending on jurisdiction:

• Wills and testamentary trusts
• Certain family-law documents (adoption, divorce decrees)
• Court orders and certain court filings
• Some statutory notices — utility disconnection, insurance cancellation, eviction, depending on locality

If your document falls into one of these categories, or you're not sure, check with a lawyer before relying on an e-signature link for it.

• Use a tool that records who opened the link, when, and from where — not just the final signature image.
• Keep the completion certificate and the final signed PDF together with your other records for that agreement.
• For anything with real money or real consequences attached, prefer a signing link over an emailed PDF attachment — see how to sign a PDF electronically for why the attachment route leaves less evidence.

Signavos records that evidence on every document: it is e-signature software with a tamper-evident audit trail, paid per signature instead of by monthly subscription.