Is an electronic signature legally binding?

Two sources do most of the work.

First, the Act says an electronic signature is admissible in evidence on any question about the authenticity or integrity of a communication or data (Electronic Communications Act 2000, s.7). It can be put before a court like any other evidence of who signed.

Second, the Law Commission's 2019 report says an electronic signature is capable in law of executing a document, including a deed, where the signer intends to authenticate it and any formalities are met (Law Commission, Electronic execution of documents, 4 September 2019).

So the questions that usually matter are intent and formalities, not whether the signature was typed, drawn or clicked. The England and Wales law page has the citations in one place.

At federal level, the ESIGN Act says a signature, contract or other record relating to a transaction in interstate or foreign commerce may not be denied legal effect, validity or enforceability solely because it is in electronic form (15 U.S.C. 7001(a)).

Most states have also enacted a version of the Uniform Electronic Transactions Act (UETA). The number of states, and each state's section, is pending verification against the Uniform Law Commission's map and each legislature's own page, so we do not publish a count here.

New York is the exception that is well documented. In New York, an electronic signature has the same validity and effect as a signature affixed by hand, and New York has not enacted UETA; it uses its Electronic Signatures and Records Act (New York State Technology Law, s.304(2)). See the New York law page.

California's version is pending verification and covered on the California law page once checked.

In Scotland, a document may be executed in counterpart, and a traditional or electronic document may be delivered electronically (Legal Writings (Counterparts and Delivery) (Scotland) Act 2015).

In practice that means each side can sign its own copy, a counterpart, and the copies can be sent by email or a signing link. The Scotland law page has the citation.

In England and Wales, a deed is the main one. The Law Commission's report says a deed must still be signed in the physical presence of a witness who attests the signature, even when the deed is signed electronically (Law Commission, Electronic execution of documents, 2019).

That matches the statute for individuals: a deed is validly executed only if signed in the presence of a witness who attests the signature, and delivered as a deed (Law of Property (Miscellaneous Provisions) Act 1989, s.1(2)–(3)).

Most everyday client contracts, such as a services agreement, a mutual NDA or an offer letter, are usually signed as simple agreements rather than deeds. Deed or agreement explains how to tell which one you have.

"Electronic signature" covers several methods, and day to day they look quite different:

• Typed name. A name typed at the foot of an email or a form.
• Drawn signature. A signature drawn with a finger or mouse on a screen.
• Click to sign. A button such as "I agree and sign", tied to a logged-in or verified email address.
• Certificate-based signatures. Signatures backed by a digital certificate issued to the signer, common in some industries and some countries.

The sources quoted above focus on intent and formalities rather than on one method. For England and Wales, the Law Commission's 2019 report frames the test around whether the signer intends to authenticate the document. What varies more in practice is how much evidence each method leaves behind, which is the next question.

The law above deals with whether an e-signature counts. Day to day, the practical question is whether you can show who signed what, and when. Signing tools usually record:

• the exact version of the document each person saw
• each signer's name and email address
• the time of each signature
• an audit trail of opens, views and changes

On Contracts.io, Lex drafts the contract, you share one link, and both sides agree and sign the same fixed version. It is free for the other side.