Electronic signatures have been legally equivalent to ink for over two decades. The interesting part is the narrow set of documents where they still are not.
The legal position, by jurisdiction
This is better settled than most people assume, and has been for a long time.
United States. The ESIGN Act (2000) and UETA, adopted in nearly every state, give an electronic signature the same legal effect as a handwritten one. A contract cannot be denied enforceability solely because it was signed electronically.
European Union. eIDAS (Regulation 910/2014) recognises three tiers and states that no electronic signature may be denied legal effect merely for being electronic. A Qualified Electronic Signature has the same legal effect as handwriting across all member states.
United Kingdom. The retained eIDAS regime plus long-standing common law, under which a signature is whatever mark a person applies with intent to authenticate. The Law Commission confirmed in 2019 that electronic signatures are valid for most documents.
This is general information rather than legal advice. For anything of significant value, or where the exceptions below might apply, take advice on your specific jurisdiction and document.
The three eIDAS tiers
| Tier | What it requires | Evidential weight |
|---|---|---|
| Simple (SES) | Any electronic mark showing intent | Valid; you must prove who signed |
| Advanced (AES) | Uniquely linked to the signer, tamper-evident | Strong; changes are detectable |
| Qualified (QES) | AES plus a qualified certificate and secure device | Equal to handwriting by law |
All three are legally valid. The difference is what happens in a dispute. With a simple signature you can be asked to prove the person signed, and a drawn squiggle in a PDF proves nothing by itself — the surrounding evidence does the work. A qualified signature carries a legal presumption, reversing who has to prove what.
Where an electronic signature is not enough
The exceptions are narrow but they are exactly the documents people most want to handle remotely.
- Wills and codicils — excluded almost universally, though some jurisdictions have added limited electronic provisions.
- Some property transfers. Rules vary considerably; land registration often has its own requirements.
- Documents needing notarisation. Remote online notarisation exists in many US states and some other jurisdictions, but it is a specific regulated process, not a signature you apply yourself.
- Documents requiring a witness physically present.
- Certain court filings, which follow the court's own rules.
- Some powers of attorney, depending on jurisdiction.
If your document is on that list, no e-signature product changes the answer regardless of what its marketing says.
Drawn signature, digital signature, and the gap between
These are different objects and the words are used interchangeably, which causes real confusion.
A drawn signature is an image placed on the page. It shows intent and is legally an electronic signature. It proves nothing about who drew it — anyone with the image file can apply it to anything.
A digital signature is a cryptographic operation with a private key. It proves which certificate signed and that not one byte has changed since. That is a mathematically checkable claim, not an assertion.
For most agreements the drawn signature plus context — the email thread, the parties, the conduct afterwards — is sufficient and is what everyone uses. For anything you might have to prove in a dispute, the cryptographic version is doing work the drawn one cannot. The mechanics are in how to sign a PDF electronically.
What actually helps in a dispute
Validity is rarely the question that arises. Proof is.
If a signature is challenged, what matters is the evidence around it — and a bare PDF with a signature image on it carries almost none.
- An audit trail. IP address, timestamp, email verification, the sequence of views and signatures. This is what dedicated e-signature services actually sell, and it is worth more than the signature graphic.
- A tamper-evident seal. So you can show the document is what was signed.
- Identity verification at signing, proportionate to the value.
- The surrounding correspondence, which establishes intent as well as anything.
A useful rule: match the evidence to the stakes. A freelance agreement does not need a qualified certificate. A property transaction is not the place for a drawn squiggle and hope.
Wet, typed, stamped and scanned
Four things people ask about, briefly.
Wet signature — ink on paper. Still required for the exceptions above, and otherwise no longer privileged.
Typed name — a valid electronic signature where intent is clear. "/s/ Jane Smith" is conventional and courts have accepted it.
Stamped signature — a facsimile stamp. Valid where the holder authorised its use, which is precisely the thing that becomes disputed.
Scanned wet signature — an image of a real signature. Legally an electronic signature, no stronger than a drawn one, since the image can be reused by anyone who has it.
That last point is worth internalising: scanning your ink signature does not carry its authority into the digital file. It produces a reusable image, which is why it should be treated as a credential and kept off shared machines.
Frequently asked questions
Are electronic signatures legally binding?
Yes, in the US under the ESIGN Act and UETA, in the EU under eIDAS, and in the UK under common law and the retained regime. A contract cannot be denied enforceability solely because it was signed electronically. This is general information, not legal advice.
What cannot be signed electronically?
Wills and codicils, some property transfers, documents requiring notarisation or a physically present witness, certain court filings, and some powers of attorney. The list is narrow but covers exactly the documents people most want to handle remotely.
What is the difference between an electronic and a digital signature?
An electronic signature is any mark showing intent — a drawn squiggle, a typed name. A digital signature is a cryptographic operation proving which certificate signed and that nothing has changed since. The first shows intent; the second proves integrity.
Is a scanned signature as good as signing in ink?
Legally it is an electronic signature, no stronger than a drawn one. Scanning does not carry the authority of ink into the file — it produces a reusable image anyone who has it can apply to anything, which is why it should be treated as a credential.
Do I need a qualified electronic signature?
Rarely. All three eIDAS tiers are valid; the difference is evidential weight in a dispute. Match the level to the stakes — a freelance agreement does not need a qualified certificate, and a property transaction should not rely on a drawn squiggle.
Can I notarise a PDF electronically?
In some jurisdictions, through remote online notarisation — available in many US states and a few other places. It is a specific regulated process involving a commissioned notary, not something you apply yourself with a signing tool.