Legal

Are electronic signatures legal? Country by country

Electronic signature law explained in plain language, country by country, with links to the statutes. General information, not legal advice.

• Are electronic signatures legally binding?

  Yes, for most agreements: in the United States, the European Union, the United Kingdom and many other countries, the law says a signature or contract can't be denied legal effect just because it is electronic. A few documents, such as wills and some property deeds, follow special rules, and for everything else what matters is proof of who signed what, which Attest records with each signer's own passkey signature and a public blockchain anchor.

• Electronic vs digital signatures: the difference

  An electronic signature is a legal idea: any electronic sign of agreement, such as a typed name, a click or a drawn signature, made with the intent to sign. A digital signature is a cryptographic technique that binds a private key to the exact content signed, and it is one way to make an electronic signature, the way Attest makes every one: each signer's passkey signs a statement that names the document's fingerprint.

• Is a typed name a legal signature?

  Generally yes: in the US, the EU, the UK and many other countries, a typed name counts as an electronic signature when the person typed it intending to sign, because the law looks at intent, not at the form of the mark. The weak point is proof, since a typed name alone shows little about who typed it, which is why Attest has each signer approve with a passkey only they control, making a cryptographic signature bound to the exact document.

• Electronic signatures in the United States

  Electronic signatures are valid for most business agreements in the United States: the federal ESIGN Act and state electronic transactions laws (UETA, and New York's ESRA) say a signature or contract can't be denied legal effect just because it is electronic. A few documents, such as wills, many family-law and court documents and certain consumer notices, are excluded or follow their own rules, and in a dispute what matters is proof of who signed what, which Attest records with each signer's own passkey signature.

• Electronic signatures in the European Union (eIDAS)

  Electronic signatures are valid across the European Union: the eIDAS Regulation says an electronic signature can't be denied legal effect or admissibility as evidence just because it is electronic or isn't qualified, and it guarantees only a qualified electronic signature the legal effect of a handwritten one in every member state. National law still decides which documents need a written or handwritten form, a notary or a register; Attest signatures are electronic signatures, the base tier, built for everyday business agreements, and each is backed by the signer's own passkey signature over the exact document.

• Electronic signatures in the United Kingdom

  Electronic signatures are valid for most business agreements in the United Kingdom: UK eIDAS says an electronic signature can't be denied legal effect or admissibility just because it is electronic, and English law asks only whether the signer intended to authenticate the document and whether any required formalities were met. Deeds that need a witness, wills, lasting powers of attorney, Land Registry deeds and some Scottish documents follow their own rules, and for everyday agreements Attest records each signer's intent with their own passkey signature over the exact document.

• Electronic signatures in Canada

  Electronic signatures are generally valid for business contracts in Canada: each province has its own law, and Ontario's, British Columbia's and Alberta's say a document can't be denied effect only because it is electronic and that an electronic signature satisfies a legal requirement to sign, while Quebec accepts a signature made by any process that meets its Civil Code. Wills, many powers of attorney and negotiable instruments, and land documents in some provinces, are excluded or follow their own rules, and in a dispute the party relying on an electronic document must prove it is authentic, which Attest's passkey signatures and sealed copy are built to show.

• Electronic signatures in Australia

  Electronic signatures are generally valid for business contracts in Australia: under the Electronic Transactions Act 1999 and the equivalent State and Territory Acts, a transaction isn't invalid because it happened electronically, and a signature requirement is met by a method that identifies the person and shows their intention, if the method is reliable enough or proven in fact and the recipient consents, which can be inferred from conduct. Some documents follow their own rules, such as wills in Victoria, land titles forms and statutory declarations, and for everyday agreements Attest records the evidence the test looks for: who signed, their intention and the document's integrity.

• Electronic signatures in Ireland

  Electronic signatures are valid for most business agreements in Ireland: the Electronic Commerce Act 2000 says information and contracts can't be denied legal effect just because they are electronic, and where a law requires a signature given to a private person, an electronic signature can be used if that person consents, with the EU's eIDAS Regulation applying alongside. Wills, trusts, enduring powers of attorney, affidavits and the conveyance of unregistered land fall outside the Act's main rules (ss 12 to 23), and deeds need a witness, while for everyday contracts Attest records each signer's own passkey signature over the exact document.

• Electronic signatures in India

  Contracts can be made electronically in India, because the Information Technology Act, 2000 says a contract isn't unenforceable just because it was formed electronically, but where a law requires a document to be signed, only a signature the Act recognizes satisfies it, such as Aadhaar-based eSign or a digital signature backed by a licensed Certifying Authority. For agreements no law requires to be signed, Attest records who agreed to exactly what with each signer's own passkey signature over the document; Attest signatures are not electronic signatures in the Act's sense, so documents that need a recognized signature need eSign or a Digital Signature Certificate, and those the Act excludes, such as most negotiable instruments, most powers of attorney, trusts and wills, follow their own law.

• Electronic signatures in Singapore

  Electronic signatures are valid for business contracts in Singapore: under the Electronic Transactions Act 2010, a contract can't be denied validity just because an electronic communication was used to make it, and a legal requirement for a signature is met by any method that identifies the person and shows their intention, if the method is reliable enough for the purpose or proven in fact. Wills, most trusts and powers of attorney, and the sale or conveyance of immovable property are outside those rules, and for everyday agreements Attest records who signed, their intention and the exact document in a passkey signature anyone can check.

• Electronic signatures in South Africa

  Electronic signatures are valid for most business agreements in South Africa: the Electronic Communications and Transactions Act 25 of 2002 (ECTA) says an agreement or an electronic signature is not without legal force merely because it is electronic, and the Supreme Court of Appeal has held that typed names met a signing requirement the parties had set themselves. Only where a law itself requires a signature, a notarised act or a seal does the Act demand an accredited advanced electronic signature, and land sales, leases over 20 years, wills and bills of exchange fall outside it; for everyday contracts, what counts is evidence of who signed what, which Attest records with each signer's own passkey signature.

• Electronic signatures in Spain

  Electronic signatures are valid for most business agreements in Spain: contracts bind whatever form they take (Código Civil art. 1278), a contract concluded electronically produces all its legal effects (LSSI art. 23), and under the EU's eIDAS Regulation a signature can't be refused legal effect or admissibility just because it is electronic or not qualified. The tiers matter in a dispute, where only a qualified signature is presumed genuine (Ley de Enjuiciamiento Civil art. 326.4), so with any other signature you prove who signed what, the evidence Attest records with each signer's own passkey signature.

• Electronic signatures in Mexico

  Electronic signatures are valid for most business agreements in Mexico: in commercial matters, the Código de Comercio says a Firma Electrónica has the same legal effects as a handwritten signature and is admissible as evidence (article 89), and the Código Civil Federal lets civil contracts be signed electronically too (article 1834 bis). Courts weigh electronic evidence by the reliability of the method used (article 1298-A), merchants must keep contracts for at least ten years (article 49), following NOM-151, and acts that need a notary still need one; for everyday contracts, Attest records each signer's own passkey signature as evidence.

• Electronic signatures in Colombia

  Electronic signatures are valid for most business agreements in Colombia: Ley 527 de 1999 says a contract can't be denied validity just because data messages were used to form it (article 14), and its regulation, Decreto 1074 de 2015 (which incorporated Decreto 2364 de 2012), gives a firma electrónica the same validity and legal effects as a handwritten signature when it is as reliable as it is appropriate for its purpose (articles 2.2.2.47.3 and 2.2.2.47.5). Methods the parties agree on are presumed to meet that standard unless shown otherwise (Decreto 1074 article 2.2.2.47.7), so a signing clause in the contract plus strong evidence, which Attest records with each signer's own passkey signature, is the practical route; sales of real estate still need an escritura pública.

• Electronic signatures in Argentina

  Most business contracts in Argentina can be signed electronically, because the law imposes no form on them (Código Civil y Comercial, articles 284 and 1015) and Ley 25.506 recognizes both the firma electrónica and the firma digital. The difference is proof: only a firma digital, backed by a licensed certifier, is presumed to be the signer's and satisfies a legal signature requirement, while whoever relies on a firma electrónica that is disowned must prove it (article 5), with the kind of evidence Attest records through each signer's own passkey signature.

• Electronic signatures in Chile

  Electronic signatures are valid for most business agreements in Chile: under Ley 19.799, acts and contracts signed with a firma electrónica are valid and have the same effects as those made in writing on paper, and any electronic signature is treated as a handwritten one for all legal purposes (article 3). The advanced tier, certified by an accredited provider, is required for public instruments and gives a private document full evidential force, while acts with solemnities that can't be met electronically, acts requiring personal attendance and family-law acts are excluded; for everyday contracts, Attest records each signer's own passkey signature as evidence.

• Electronic signatures in Brazil

  Electronic signatures are valid for most business agreements in Brazil: a declaration of will needs no special form unless the law requires one (Código Civil art. 107), and MP 2.200-2/2001 lets the parties prove authorship and integrity by means other than ICP-Brasil certificates, as long as the parties admit the method as valid or the person the document is used against accepts it (art. 10, §2). Only qualified signatures with an ICP-Brasil certificate are presumed true (art. 10, §1), so with any other signature, put an acceptance clause in the contract and keep strong evidence, which Attest records with each signer's own passkey signature.