How e-signatures are recognised
A plain-language guide to what makes an electronic signature legally valid and what makes a signing record stand up in practice.
This page is educational, not legal advice
What follows is a practical summary of how electronic signatures are treated in common regulatory frameworks. It is written to help you ask better questions of your counsel, not to replace them. Your jurisdiction, your transaction type, and the specific requirements your counterparties impose are what determine the answer in practice.
The three signature grades
Under eIDAS (EU) and aligned frameworks, electronic signatures are divided into three grades. Most commercial agreements need only the first.
Simple electronic signature (SES)
Any electronic indication of intent — a click, a typed name, a drawn signature. Legally valid for the majority of commercial transactions in the EU (eIDAS Article 25), US (ESIGN Act, UETA), and UK (Electronic Communications Act 2000). What EndorsedSign ships today.
Advanced electronic signature (AES)
Uniquely linked to the signer, capable of identifying them, and detectable if the document changes after signing. Used for higher-assurance identity and regulated workflows.
Qualified electronic signature (QES)
Created with a qualified certificate issued by an EU Trust Service Provider (QTSP). Legally equivalent to a handwritten signature under eIDAS and available for eligible regulated EU transactions.
Framework quick-reference
Where simple electronic signatures are valid for commercial use without additional ceremony.
| Framework | Jurisdiction | SES valid for commercial agreements? | Notes |
|---|---|---|---|
| ESIGN Act | United States (federal) | ✅ Yes | Consumer disclosures require specific consent; certain documents excluded (wills, family law, court orders) |
| UETA | US states (47 of 51 jurisdictions) | ✅ Yes | State-level; largely mirrors ESIGN; check your state's adopted version |
| eIDAS Regulation | European Union | ✅ Yes — with caveats | SES valid broadly; specific regulated sectors (land registry, company formation) may require AES or QES per member state law |
| Electronic Communications Act 2000 | United Kingdom | ✅ Yes | Post-Brexit UK maintains eIDAS-equivalent treatment for SES; Law Commission 2019 confirmed electronic signatures valid for most contracts |
| PIPEDA / provincial e-commerce acts | Canada | ✅ Yes | Most provinces have electronic transactions legislation recognising SES for commercial use |
| Electronic Transactions Act (various) | Australia, Singapore, NZ | ✅ Yes | Aligned with UNCITRAL Model Law; SES valid for commercial contracts; some property and government forms may require higher assurance |
This table describes the general position. Specific transaction types, sector regulations, and counterparty requirements can require a higher assurance level. This is not legal advice.
What makes a signing record defensible
- 1
Signer identity is established before signing begins
Email delivery to a known address, one-time passcode check, or a higher-assurance identity step depending on what the transaction requires. The method used is recorded in the audit trail.
- 2
Consent is captured, not assumed
The signer is shown a disclosure text and must affirmatively proceed. The disclosure shown, and the moment of acceptance, are recorded as an audit event.
- 3
The document is locked after signing
A cryptographic hash of the signed document is captured at the moment of completion. Any change to the document after that point would produce a different hash — the mismatch is detectable.
- 4
A tamper-evident audit trail is retained
Every event in the signing lifecycle — view, consent, each field completion, final submission — is recorded with a timestamp, IP address, and correlation ID. The audit chain is hash-linked; gaps or alterations in the record are detectable.
- 5
A certificate of completion is issued
After all parties complete, a certificate is generated that summarises the signing event — document hash, signer identities, timestamps, and the audit record reference. This is the first document a reviewing party would examine.
Common legality questions
Jurisdiction guides
Country-specific pages covering the legal framework, use cases, and exclusions for each market. Each page carries a disclaimer, a last-reviewed date, and named sources — not legal advice.
EU — eIDAS framework
The regulation that unifies electronic signature law across all 27 EU member states and defines SES, AES, and QES.
Learn more →Israel
Israel's Electronic Signature Law 5761-2001 — three grades, non-EU framework, commercial contract scope, and key exclusions.
Learn more →Germany
eIDAS applies; German BGB Schriftform means SES cannot replace written form for employment termination or consumer credit — QES is required.
Learn more →France
eIDAS and French Civil Code Art. 1366–1367. SES valid for private commercial deeds; authentic acts requiring notarisation remain outside scope.
Learn more →Netherlands
eIDAS and Dutch Civil Code Art. 3:15a. High adoption, English-language contracts standard, common EU HQ jurisdiction for SaaS businesses.
Learn more →