You just finished drafting the perfect freelance contract. Your client is across the country, maybe across the world. They want to sign right now. You pull up an e-signature tool, hover over the "Send for Signing" button, and then it hits you: wait, is this actually legal?
It's a fair question. You're not alone in asking it. Millions of people wonder whether an electronic signature holds up the same way ink on paper does. After all, there's no notary watching, no one physically present, and the whole thing happens through a screen.
Here's the short answer: yes, electronic signatures are legal in almost every country on Earth. They have been for over two decades. An e-signature is legally binding whether you typed your name, drew it with your finger, or clicked an "I Agree" button. But there are some nuances worth understanding, especially if you're dealing with international contracts, government documents, or high-value agreements. Let's break it all down.
What Counts as an Electronic Signature?
Before we get into the laws, let's clarify what we're actually talking about. An electronic signature is any electronic sound, symbol, or process attached to or associated with a contract where a person intends to sign. That's the legal definition under US law, and most countries follow something similar.
In practice, this means:
- Typing your name in a signature field
- Drawing your signature with a mouse, trackpad, or finger on a touchscreen
- Clicking "I Agree" on a terms of service page
- Uploading an image of your handwritten signature
- Using a digital certificate that cryptographically verifies your identity
All of these qualify as electronic signatures. The key ingredient isn't the method itself but the intent to sign. If you meant to agree to the document, and there's a record showing you did, your e-signature is legally binding. Full stop.
The Big Laws: eIDAS, ESIGN Act, and Friends
Every major esign law around the world explicitly confirms that electronic signatures carry the same legal weight as handwritten ones. Here are the ones that matter most.
eIDAS Regulation (European Union)
The eIDAS Regulation (Electronic Identification, Authentication and Trust Services) has been the EU's electronic signature framework since 2014, with eIDAS 2.0 rolling out updates through 2025 and 2026. It applies across all 27 EU member states plus EEA countries like Norway and Iceland.
eIDAS defines three tiers of electronic signatures:
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Simple Electronic Signature (SES): The basic level. This covers typed names, drawn signatures, and checkbox agreements. Legally admissible in court and sufficient for most business contracts. This is what you get with tools like CanUSign.
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Advanced Electronic Signature (AES): Uniquely linked to the signer, capable of identifying them, and created using data under the signer's sole control. Think of signatures backed by two-factor authentication or biometric verification.
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Qualified Electronic Signature (QES): The gold standard. Created with a qualified signature creation device and based on a qualified certificate. Under eIDAS, a QES has the exact same legal standing as a handwritten signature. No court can reject it on the grounds that it's electronic.
Here's what most people get wrong: you don't need a QES for regular business contracts. A simple electronic signature works fine for employment agreements, freelance contracts, NDAs, vendor agreements, and the vast majority of commercial transactions. QES is only required when a specific law or regulation demands it, which is relatively rare for everyday business.
ESIGN Act (United States)
The Electronic Signatures in Global and National Commerce Act, passed in 2000, is the federal law that makes electronic signatures legal throughout the United States. It's straightforward: a contract or signature cannot be denied legal effect solely because it's in electronic form.
The ESIGN Act works alongside the Uniform Electronic Transactions Act (UETA), which has been adopted by 49 states (New York being the holdout, though it has its own equivalent law called ESRA). Together, these laws cover every state in the country.
Under US law, an electronic signature is valid if:
- The signer intended to sign
- The signer consented to do business electronically
- The signature is associated with the document
- The record is retained and can be reproduced
There's no requirement to use any particular technology. A typed name in an email can technically serve as a binding electronic signature if intent is clear.
Other Countries
Electronic signature laws exist in virtually every major economy:
- United Kingdom: The Electronic Communications Act 2000 covers it. Brexit didn't change anything here.
- Canada: PIPEDA plus provincial laws (like Ontario's Electronic Commerce Act) across all provinces.
- Australia: The Electronic Transactions Act 1999 at the federal level, with matching state legislation.
- Brazil: Medida Provisória 2.200-2/2001 recognizes both certified and non-certified electronic signatures.
- India: The Information Technology Act 2000 established digital signature certificates through licensed authorities.
- Japan: Electronic signatures carry the same legal weight as traditional seal impressions (hanko) under the Act on Electronic Signatures and Certification Business.
- South Korea, Singapore, UAE, Mexico, Argentina and dozens more all have comparable laws.
So, are online signatures legal? The global consensus is clear: absolutely, everywhere that matters.
What You Can Sign Electronically
The list is long: freelance agreements, vendor contracts, NDAs, employment offers, lease agreements, loan applications, insurance policies, purchase orders, SLAs, patient consent forms, tax filings, and permit applications. Basically, if it's a standard business or commercial document, electronic signatures work.
For most scenarios, you can create a contract and get it signed online without any concerns about legal validity.
What You Cannot Sign Electronically (The Exceptions)
Now for the part everyone worries about. There are certain documents that still require wet ink signatures, notarization, or specific procedures. These exceptions vary by jurisdiction, but the common ones include:
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Wills and testamentary documents. Most countries and US states still require wills signed in ink with witnesses present. A few US states (Nevada, Arizona, Indiana) allow electronic wills, but this is the exception. In the EU, wills almost universally need handwritten signatures.
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Court documents. Many courts have electronic filing, but they require signing through the court's own platform, not a general e-signature tool.
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Family law documents. Adoption papers, divorce decrees, and custody agreements often need in-person signatures or notarization.
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Real property transfers. Deeds and title transfers frequently require notarized signatures. E-notarization exists in some US states, but most of Europe still follows paper-based procedures.
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Certain powers of attorney and affidavits may need traditional signatures depending on jurisdiction.
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Negotiable instruments under the UCC (US) like certain promissory notes have specific requirements that standard e-signatures may not meet.
The good news? These exceptions represent a small fraction of all documents people sign. For the remaining 95%+ of contracts, electronic signatures work perfectly.
What Makes an E-Signature Hold Up in Court?
If someone challenges your electronically signed contract, courts look at several factors:
Intent to sign. Was it clear the person meant to sign? A process where someone types their name, clicks "Sign," and confirms makes intent obvious.
Consent to electronic process. Did the signer agree to transact electronically? Most platforms handle this by asking signers to accept e-signature terms before proceeding.
Audit trail. Timestamps, IP addresses, email confirmations, and browser data create a trail that's actually stronger than ink on paper. Try proving exactly when someone signed a physical document. With e-signatures, that proof is automatic.
Document integrity. Can you prove the document wasn't altered after signing? E-signature tools lock the document once signed, making tampering detectable.
Attribution. Can you link the signature to a specific person? Email-based workflows send the document to a verified email address, creating strong evidence of who signed.
When it comes to digital signature validity, electronic signatures often hold up better in court than handwritten ones because the audit trail provides far more evidence than a pen stroke on paper.
How to Make Sure Your E-Signatures Are Legally Solid
Want to sleep well after sending a contract for electronic signing? Follow these practices:
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Use a proper e-signature platform. Email attachments and scanned PDFs work legally, but a dedicated tool provides the audit trail, security, and workflow that make enforcement easy. You can sign contracts on CanUSign for as little as EUR 1 per document.
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Include a consent clause. Have a line in your contract that says both parties agree to conduct the transaction using electronic signatures. Most e-signature platforms add this automatically.
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Keep records. Store the signed document along with its audit trail. If someone disputes the signature in three years, you'll want that timestamp and IP address.
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Verify signer identity. At minimum, use email-based verification. For high-value contracts, consider adding phone verification or ID checks.
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Know your exceptions. If you're signing a will, a deed, or anything that might fall into the exception categories mentioned above, check your local laws first or consult an attorney.
Frequently Asked Questions
Can an electronic signature be forged?
Any signature can be forged, but electronic ones are harder to fake successfully. They come with audit trails including email verification, IP logging, and timestamps. A forged ink signature leaves no trace of when or where it was created. A forged electronic one would need to bypass multiple verification layers.
Do I need a special tool to create a legally binding electronic signature?
Not strictly. Typing "I agree" in a reply email can technically count. But a dedicated platform gives you a proper audit trail, makes intent unmistakable, and looks professional. It also makes enforcement much easier if disputes arise.
Are electronic signatures accepted in court worldwide?
Over 180 countries recognize them. The specifics vary, but the global trend is overwhelmingly in favor. For cross-border contracts, the signature is typically governed by the law of the jurisdiction specified in the contract.
What if the other party claims they didn't sign?
This is where the audit trail earns its keep. A good platform records the signer's email, IP address, browser info, timestamps for opening and signing, and explicit consent. That evidence package is usually more comprehensive than anything you'd have with ink on paper.
Do electronic signatures expire?
No. A contract signed electronically in 2020 is still valid in 2026 and beyond. Digital certificates used in advanced signatures can expire, but the signature itself remains valid as of when it was applied.
Stop Overthinking It. Start Signing.
The legal debate around electronic signatures was settled more than 20 years ago. The ESIGN Act passed in 2000. eIDAS has been EU law since 2014. Every major economy on the planet has confirmed that electronic signatures are legally binding.
The real question isn't whether your electronic signature is legal. It is. The real question is why you're still printing, scanning, and mailing documents when you could close deals in minutes.
If you need to get a contract signed today, CanUSign makes it simple. Upload your document or create one from scratch, send it to your signer, and get a legally binding signature back. Starting at EUR 1 per contract, with no subscription required. Or grab the unlimited plan for EUR 15/month if you're signing regularly.
Your contracts deserve better than a printer jam and a two-week turnaround. Get them signed online, legally and fast.