Are electronic signatures valid? ESIGN, UETA and eIDAS explained

You send a contract by email link, and your client signs it with a finger on their phone. Is that a real signature? In the US and the EU, the short answer is usually yes: the law says a signature can't be rejected just because it's electronic. But there are exceptions, and if a signature is ever challenged, what matters is whether you can show who signed what, and when.

This guide explains the main laws in plain English, with links to the official texts.

This is general information, not legal advice. For an important agreement, or if you're not sure which rules apply, ask a lawyer where you are.

What counts as an electronic signature?

An electronic signature is any electronic way of showing that you agree to a document. That includes:

• Typing your name at the end of a document or email
• Drawing your signature with a finger or mouse
• Placing a picture of your handwritten signature
• Ticking a box or clicking a button that says you agree

The EU's eIDAS regulation defines it broadly, as data in electronic form that is attached to, or logically associated with, other electronic data and used by the signer to sign.

A digital signature is one kind of electronic signature. It uses a certificate and cryptography to tie the signature to the signer and to the exact file, so any later change can be detected. People often mix up the two terms.

The United States: the ESIGN Act

The federal Electronic Signatures in Global and National Commerce Act, usually called the ESIGN Act, covers transactions in or affecting interstate and foreign commerce. Its core rule, in 15 U.S.C. § 7001, is that a signature, contract or record can't be denied legal effect "solely because it is in electronic form".

ESIGN adds an extra step for consumers. If a law says certain information must be given to a consumer in writing, a business can only provide it electronically after the consumer has clearly agreed. Before agreeing, the consumer has to be told things like their right to a paper copy and how to withdraw consent.

The United States: UETA

The Uniform Electronic Transactions Act (UETA) is a model law written by the Uniform Law Commission. States pass it into their own law, so the exact wording and section numbers vary. California's version is a good example:

• A record or signature can't be denied legal effect just because it's electronic (Civil Code § 1633.7).
• The law applies only when both sides have agreed to do the transaction electronically, and that agreement can be shown by how they behave (§ 1633.5).
• A signature belongs to a person if it was their act, and that can be shown in any way, including by the security steps used (§ 1633.9).

That last point is why records matter. Some states also have their own e-signature laws. New York, for example, has the Electronic Signatures and Records Act.

Documents the ESIGN Act doesn't cover

The ESIGN Act lists its exceptions in 15 U.S.C. § 7003. It doesn't apply to:

• Wills, codicils and testamentary trusts
• Adoption, divorce and other family law matters
• Most of the Uniform Commercial Code, apart from the rules on sales and leases of goods and two general sections
• Court orders, notices and official court documents
• Notices of utility shut-offs, of default, foreclosure or eviction affecting someone's main home, and of cancelled health or life insurance
• Product recall notices about health or safety risks
• Documents that must travel with hazardous materials

State laws can add their own rules, and some documents need a notary or witnesses wherever you are.

The European Union: eIDAS

In the EU, electronic signatures are covered by Regulation (EU) No 910/2014, known as eIDAS. Article 25 says an electronic signature can't be refused legal effect, or rejected as evidence in court, just because it's electronic or because it isn't a qualified signature.

eIDAS describes three levels:

eIDAS also says it doesn't change national or EU rules on how contracts are formed or what form they must take (Article 2). So each country still decides when a document needs a particular form, such as a handwritten or qualified signature, or a notary.

The EU has since added the European Digital Identity framework, set out in a regulation that entered into force in May 2024. Our post on eIDAS 2 and the EU Digital Identity Wallet covers the changes.

Why an audit trail matters

Most everyday agreements are signed with simple electronic signatures. If one is ever disputed, the question becomes: can you show that this person signed this exact document at this time? An audit trail is how you answer it.

When you send a document for signature with Pagestro Contracts, Pagestro:

• Freezes the document text and records its fingerprint when you send it
• Logs each view, signature and decline with the time
• Chains the log entries so that later edits to the trail can be detected
• Adds a completion certificate to the signed PDF, listing the signers, times and fingerprints

Pagestro signatures are simple electronic signatures with an audit trail. They are not qualified electronic signatures. If a law, a regulator or the other party requires a qualified signature, use a qualified trust service provider.

To sign a PDF yourself without sending it to anyone, Sign PDF places your signature on the page in your browser. It doesn't create an audit trail. Our guide on how to sign a PDF online compares the two.

Good habits for e-signatures

• Send signing requests to email addresses you know belong to the signer.
• Let people read the whole document before they sign, and let them decline.
• Don't change a document after it has been signed. Send a new version instead.
• Keep the signed PDF and its certificate with your records.
• With consumers, follow the consent rules for electronic records.
• For wills, family matters and court papers, check the local rules before you choose a signing method.

Frequently asked questions

Is a typed name a valid electronic signature?

It can be. Under ESIGN, UETA and eIDAS, a signature isn't invalid just because it's typed or electronic. How much weight it carries depends on the evidence of who typed it, which is where an audit trail helps.

Are electronic signatures recognised outside the US and EU?

Many countries have their own electronic signature laws. The rules and exceptions vary, so check the law where you and the other party are.

Do both parties have to agree to sign electronically?

Under UETA, yes. It applies when the parties have agreed to do the transaction electronically, and that agreement can be shown by their conduct. ESIGN adds consent steps for some consumer documents.

Are Pagestro e-signatures qualified electronic signatures?

No. They are simple electronic signatures with an audit trail and a completion certificate. Use a qualified trust service provider when a qualified signature is required.

Which documents can't be signed electronically?

In the US, ESIGN excludes wills, family law matters, court documents and certain notices, among others. In the EU, national law decides when a specific form is required. When in doubt, ask a lawyer.