United States
ESIGN Act, 15 U.S.C. § 7001 et seq.
Federal law. An electronic signature may not be denied legal effect solely because it is electronic. Consumer transactions additionally require consent to electronic records.
Reference
Electronic signature compliance, in plain English
Most pages on this subject either overstate the case or drown it in statute. This one does neither: here is what the law actually says, what makes a signature defensible in practice, and — the part that causes real problems when it is missed — the categories of document where an electronic signature is not enough on its own.
The core rule
Four jurisdictions write this rule in different words and mean essentially the same thing: a signature is not invalid merely because it is electronic. The ESIGN Act says it federally in the United States, the UETA says it at state level, eIDAS says it across the European Union, and the equivalents in Canada, the United Kingdom, Australia and India all follow the same functional-equivalence logic — what matters is what the signature accomplishes, not what it is made of.
Notably, none of these statutes requires a particular technology, a particular vendor, or a cloud service. A drawn signature applied in a browser and a signature applied through an enterprise platform sit on the same legal footing.
The statutes
What each framework says
United States
UETA, adopted in 49 states
The state-level counterpart, defining an electronic signature as an electronic sound, symbol or process attached to or logically associated with a record and executed with intent to sign.
European Union
eIDAS, Regulation (EU) 910/2014
Creates three tiers — simple, advanced and qualified electronic signatures — with qualified signatures carrying a presumption of legal equivalence to handwriting.
United Kingdom
Electronic Communications Act 2000
Electronic signatures are admissible in evidence, and UK courts have accepted that they can satisfy a statutory requirement for a signature where the Act applies.
Canada
PIPEDA Part 2 and provincial legislation
Federal and provincial electronic commerce statutes give electronic signatures the same legal effect as handwritten ones, subject to listed exclusions.
Australia
Electronic Transactions Act 1999 (Cth)
Section 10 provides a functional equivalence framework: identification of the person, indication of approval, and a reliable and appropriate method.
India
Information Technology Act 2000, s. 5
Authentication of electronic records by digital signature is given legal recognition, with a framework for recognised certifying authorities.
In practice
What makes a signature defensible
Detailed rules vary, but the functional elements below recur across all of them. If a signing process gets these right, the identity of the tool used to apply the signature rarely matters.
Intent to sign
The signer must have intended to sign the record. This is why platforms capture a deliberate action rather than treating a stray click as assent.
Consent to do business electronically
For consumer transactions, ESIGN requires the consumer to consent to receive records electronically, with a clear statement of their rights and the ability to withdraw.
Attribution
The signature must be attributable to the person who applied it. In practice this means a process that identifies the signer and records the context.
Association with the record
The signature must be attached to or logically associated with the document it signs, so that the two cannot be separated afterwards.
Retention and reproducibility
The record must be retainable and reproducible by all parties for the required period. This is why keeping the executed file matters more than the tool that produced it.
The important part
When an electronic signature is not enough
These categories are where people get caught out. The signature is not the problem — an additional formality sits on top of it, and the signature alone will not satisfy that.
Wills, codicils and testamentary trusts
Specifically excluded from ESIGN and from most state statutes. These generally require witnesses and sometimes notarisation, and the formalities are the point.
Court filings and certain court documents
Court rules govern, not ESIGN. Many courts accept electronic filing and even electronic signatures, but acceptance is a matter of local rule.
Notarised and recorded instruments
Deeds, mortgages and similar instruments usually require notarisation or acknowledgment before recordation. Notarisation is a process with its own requirements, not a signature format.
Some family law documents
A number of states carve out divorce, adoption and other family matters from their electronic signature statutes. Check the state's statute before relying on an e-signature.
Notices such as cancellation or eviction
Certain statutory notices — for example notices to cancel utility or insurance services — are excluded from ESIGN, and some jurisdictions impose additional requirements on eviction notices.
Documents requiring a specific statutory form
Where a statute prescribes a particular form, delivery method or certification, that requirement sits alongside the signature requirement and is not satisfied by the signature alone.
This page is general information about how these frameworks work, not legal advice, and the details differ between jurisdictions and change over time. For a specific document or matter, confirm the current position with a qualified professional in the relevant jurisdiction.
Where our tools sit in all of this
Our tools create and apply electronic signatures in your browser. That is the ordinary case these statutes cover, and a signature applied here is as valid as one applied anywhere else.
What we do not do is produce evidence about the process. There is no audit trail, no completion certificate and no signer verification, because the document never reaches a server that could record any of it. For a routine agreement, the executed document is the record and that is sufficient. For a high-stakes contract, financing documents, or anything a client's compliance policy covers, a platform that can produce that evidence is the right call — and worth paying for in those specific cases.
If you are unsure which category a document falls into, the industry guides list the extra requirements that apply in law, real estate, accounting, healthcare, HR and consulting work.
FAQ
Compliance questions
Is an electronic signature legally binding?
In most cases, yes. The ESIGN Act in the United States, the UETA at state level, and eIDAS in the European Union all provide that a signature cannot be denied legal effect solely because it is electronic. What the law requires is intent to sign, attribution of the signature to the signer, association with the record, and the ability for each party to retain and reproduce it.
Does it matter which app or website created the signature?
For legal effect, no. Validity comes from the statute and from the facts of the signing — intent, attribution, association and retention — not from the vendor. Paid platforms add evidence about the process, such as an audit trail or completion certificate, which matters when a signature is disputed. That is a difference in proof, not in binding force.
What is the difference between an electronic signature and a digital signature?
An electronic signature is the broad legal category: any electronic symbol or process attached to a record with intent to sign, which includes a typed name or a drawn mark. A digital signature is a narrower technical method using cryptography to verify integrity and signer identity, and it is what eIDAS refers to at its advanced and qualified tiers. Every digital signature is an electronic signature; most electronic signatures are not digital signatures.
What are SES, AES and QES under eIDAS?
eIDAS defines three levels. A simple electronic signature (SES) is the baseline, covering most drawn or typed signatures. An advanced electronic signature (AES) adds requirements around unique identification of the signer and detection of subsequent changes. A qualified electronic signature (QES) requires a qualified certificate and a qualified signature creation device, and carries a presumption of equivalence to a handwritten signature across the EU.
Can a document signed in a browser be challenged later?
Any signature can be challenged in principle. What protects an electronically signed agreement is the same thing that protects a paper one: producing the executed document, showing the signer intended to sign, and showing the signature belongs to them. A third-party audit trail strengthens that position in a dispute — which is the one genuine advantage of the paid platforms for high-stakes documents.
Do I need a written policy for electronic signatures at work?
It is good practice. A short internal policy stating which document types may be signed electronically, which require a notary or witness, and where signed files must be stored prevents most of the problems that arise in practice. Our industry guides list the document categories that typically carry extra requirements.