Are electronic signatures legal?

Are electronic signatures legal?

In Short - YES!

Read further for details

“[A contract or signature] may not be denied legal effect, validity, or enforceability solely because it is in electronic form” E-Sign Act – USA, June 30, 2000

The Electronic Signatures in Global and National Commerce Act (E-Sign Act), signed into law by the U.S. federal government on June 30 2000. This law allows the use of electronic signatures instead of traditional wet signatures, if the consumer has affirmatively consented to such use and has not withdrawn such consent.

What is an “electronic signature” anyway? It can be an electronic sound, symbol, or process, to create signatures electronically, from simple images of a signature attached to an electronic document to PKI-based signatures. Here are some examples:

  • Clicking “I Agree” on a website
  • Signing with your finger on a mobile device
  • Typing your name or PIN into an online form
  • Using textual representation of your name or image of signature

Each country has its own laws regarding eSignatures and should be carefully investigated before using electronic signatures.

List of laws about electronic signature for countries

USA flag

United States

Electronic Signatures in Global and National Commerce Act & Uniform Electronic Transactions Act (UETA)

Canada flag

Canada

Personal Information Protection and Electronic Documents Act (PIPEDA)

UK flag

United Kingdom

The Electronic Identification Regulation (EU/910/2014) (2014)

China flag

China

Electronic Signature Law of the People’s Republic of China

India flag

India

Information Technology Act, 2000

Germany flag

Germany

eIDAS (Electronic Identification, Authentication and Trust Services)

France flag

France

eIDAS (Electronic Identification, Authentication and Trust Services)

Spain flag

Spain

eIDAS (Electronic Identification, Authentication and Trust Services)

Italy flag

Italy

eIDAS (Electronic Identification, Authentication and Trust Services)

Russia flag

Russia

Federal Law of Russian Federation about Electronic Signature (06.04.2011)

Japan flag

Japan

Law Concerning Electronic Signatures and Certification Services, 2000

South Korea flag

South Korea

Digital Signature Act

Turkiye flag

Turkiye

Electronic Signature Law

Switzerland flag

Switzerland

Federal Law on Certification Services Concerning the Electronic Signature, 2003

Brazil flag

Brazil

Medida provisória: 2.200-2