The short answer
In both the US and the UK, electronic signatures are generally legally valid for everyday contracts and business documents, such as employment offers, NDAs, sales agreements, leases and consent forms. The main exceptions are wills, some family law documents, certain court documents and property deeds with special formalities.
United States
The federal ESIGN Act (2000)
The Electronic Signatures in Global and National Commerce Act says a signature, contract or record can't be denied legal effect just because it's electronic. It applies to transactions in interstate and foreign commerce.
UETA in the states
The Uniform Electronic Transactions Act has been adopted by 49 states, the District of Columbia, Puerto Rico and the US Virgin Islands. New York is the exception: it has its own Electronic Signatures and Records Act (ESRA), which works in a similar way.
What's excluded
ESIGN and UETA don't cover everything. The main exclusions include:
- Wills, codicils and testamentary trusts. Some states now have separate laws allowing electronic wills, but many don't.
- Adoption, divorce and other family law matters.
- Court orders, notices and official court documents.
- Certain consumer notices, such as utility shut-off, foreclosure or eviction on a primary residence, and cancellation of health or life insurance.
- Some Uniform Commercial Code transactions.
United Kingdom
The law
Electronic signatures are recognised under the Electronic Communications Act 2000 and the UK eIDAS regulation, which kept the EU rules in UK law after Brexit. Courts in England and Wales have accepted typed names, email sign-offs and click-to-accept as signatures where the intention to sign was clear.
The Law Commission's 2019 report
In September 2019, the Law Commission of England and Wales confirmed that an electronic signature can validly execute a document where the person intends to authenticate it and any formalities are met.
Deeds
A deed signed by an individual must be witnessed. The Law Commission said an electronically signed deed is valid only where the witness is physically present with the signatory, and it wasn't confident that remote witnessing by video works. HM Land Registry accepts certain electronically signed deeds under its own published procedures.
Wills
In England and Wales, a will must be in writing, signed by the person making it in the physical presence of two witnesses. Temporary rules allowing video witnessing during the pandemic have ended. Electronic signatures can't be used for wills.
Making your e-signature stronger
Validity is one thing; proving who signed is another. Make disputes less likely by:
- Keeping a record of how and when the document was sent and returned, such as the email thread.
- Using a dated signature, adding the date next to it. Sign PDF does this in one click.
- Flattening the signed PDF so the signature can't be moved.
- Protecting the final version, and sending it to all parties.
- Using a certificate-based digital signature for high-value, regulated or cross-border agreements where tamper-evidence matters.
Electronic vs digital signatures
| Electronic signature | Digital signature | |
|---|---|---|
| What it is | A typed name, drawn signature, image or click | A cryptographic signature backed by a certificate |
| Proves the document hasn't changed? | No | Yes |
| Needs special software or ID? | No | Yes |
| Good for | Everyday agreements | Regulated, high-value or legally sensitive documents |
Frequently asked questions
Is a typed name a valid signature?
Often, yes. In both the US and UK, a typed name, a drawn signature or a click-to-accept can count as a signature if the person intended to sign. Proving who signed is a separate question.
Can I sign a will electronically?
In England and Wales, no: a will must be signed in the physical presence of two witnesses. In the US, wills are excluded from the federal ESIGN Act, and only some states have laws allowing electronic wills.
Can a deed be signed electronically in England?
Yes, but the witness must be physically present with the person signing, according to the Law Commission. HM Land Registry has its own rules for electronically signed deeds.
Is a signature image as strong as a digital signature?
No. A certificate-based digital signature proves the document hasn't changed since signing. A signature image doesn't. For high-value or regulated agreements, ask whether a digital signature is required.