Where can you sign electronically, and where do you still need paper?

In the United States, the United Kingdom and the European Union, most everyday business documents can be signed electronically: quotes, orders, sales and service contracts, NDAs. None of these systems lets a signature be refused just because it is electronic. The differences are in the exceptions. In the US, federal law leaves out wills, family law, most of the Uniform Commercial Code, court documents and certain notices; in England and Wales, a deed signed by an individual needs a witness who is physically present, and wills still need paper in practice; in the EU, each Member State decides which transactions need a qualified signature or cannot be done electronically at all.

The starting rule in all three

• United States: a signature, contract or other record "may not be denied legal effect, validity, or enforceability solely because it is in electronic form" (ESIGN Act, 15 U.S.C. §7001(a)(1)). Under state law, "if a law requires a signature, an electronic signature satisfies the law" (UETA §7(d)).
• United Kingdom: electronic signatures are admissible in evidence (Electronic Communications Act 2000, s.7) and may not be denied legal effect solely because they are electronic (UK eIDAS Art. 25(1)).
• European Union: an electronic signature shall not be denied legal effect and admissibility as evidence solely because it is electronic or not qualified, and a qualified signature has the equivalent legal effect of a handwritten one (eIDAS Art. 25(1) and (2)).

Legal effect is not the same as proof. Whatever the rule, keep a record of who signed, when, and which version of the document; that record is what you will rely on if the other side later denies signing. The difference between simple, advanced and qualified signatures is explained in which e-signature you need and how to get one.

United States: what ESIGN leaves out

ESIGN applies to transactions in or affecting interstate or foreign commerce (15 U.S.C. §7001(a)). It does not apply to:

• Wills, codicils and testamentary trusts (§7003(a)(1); UETA §3(b)(1) excludes them too).
• Adoption, divorce and other family-law matters (§7003(a)(2)).
• Most of the Uniform Commercial Code, except §§1-107 and 1-206 and Articles 2 and 2A (§7003(a)(3)). So ESIGN does not validate e-signed checks or ordinary promissory notes; a narrow exception is the electronic "transferable record", a note for a loan secured by real property where the issuer expressly agreed (§7021).
• Court orders, notices and official court documents such as briefs and pleadings (§7003(b)(1)).
• Certain notices: utility shut-off; default, foreclosure or eviction for a primary residence; cancellation of health or life insurance; product recalls that risk health or safety (§7003(b)(2)).
• Documents that must accompany the transport or handling of hazardous materials, pesticides or other toxic materials (§7003(b)(3)).

Some things stay inside the rules. Contracts for the sale and lease of goods (UCC Articles 2 and 2A) can be signed electronically (§7003(a)(3)). Where a law requires notarization, the notary's electronic signature, with the other information the law requires, can satisfy it (§7001(g); UETA §11). And if a law requires information to be given to a consumer in writing, an electronic record counts only after the consumer has affirmatively consented and received the required disclosures (§7001(c)).

United Kingdom (England and Wales)

The Law Commission's statement of the law is that an electronic signature can be used to execute a document, including a deed, if the signer intends to authenticate the document and any formalities for it are met (Law Com No 386). It lists forms that courts have accepted, such as a name typed in an e-mail and an "I accept" tick box. The exceptions come from formalities:

• Deeds: a deed signed by an individual must be signed "in the presence of a witness who attests the signature" (Law of Property (Miscellaneous Provisions) Act 1989, s.1(3)). The Law Commission's view is that the witness must be physically present, even when both sign electronically.
• Land registration: HM Land Registry accepts most electronically signed documents if the steps in its Practice Guide 82 are followed, including signing in the physical presence of the witness.
• Wills: a will must be in writing and signed in the presence of two witnesses present at the same time (Wills Act 1837, s.9). The Law Commission considers that electronic signatures most likely cannot meet this today; it has recommended reform, which the Government has not yet enacted.
• Trade documents: since 2023 an electronic bill of exchange, promissory note or bill of lading has the same effect as the paper one if a reliable system controls it (Electronic Trade Documents Act 2023, ss.1 to 3).

European Union: national law decides the form

eIDAS guarantees that an electronic signature is not rejected merely for being electronic, but it "does not affect Union or national law related to the conclusion and validity of contracts, other legal or procedural obligations relating to form" (Art. 2(3)). Each Member State therefore decides where written form is required, whether a qualified signature can replace it, and which acts cannot be done electronically at all. Two examples:

• Germany: where the law prescribes written form, the electronic form replaces it only with a qualified electronic signature (BGB §126a). For some acts the electronic form is excluded outright, for example terminating an employment relationship by notice or by agreement (BGB §623) and giving a personal guarantee (BGB §766).
• France: private deeds relating to family law and succession are excluded from the electronic written form (Code civil, art. 1175).

A qualified signature based on a qualified certificate issued in one Member State is recognised as qualified in all the others (Art. 24a(1)). Certificates from outside the EU count as qualified only if recognised by an implementing act or an agreement with the EU (Art. 14). For more detail, see our e-signature guide, which also links to the German and French versions.

Quick comparison

Your own contracts can require a form too

Even where the law is relaxed, a contract can set its own rules. If your supplier or reseller framework agreement says amendments must be "signed in writing" or "by wet ink", check whether that clause allows electronic signatures before you rely on a click. If it does not, agree on a change in writing with the other party first.

Five questions before you send a document for e-signature

1. Which country's law governs the contract, and does that law require written form, a deed or a notary for this transaction?
2. Is it a will, a family-law document, a court document or one of the US notices excluded from ESIGN?
3. Is it a check, promissory note or similar instrument, or a personal guarantee?
4. Is the other party a consumer who must receive written disclosures?
5. Does an existing contract between you require a particular form?

If none of these stops you, an electronic signature will do. If you will keep the document for years, add a trusted timestamp; we explain why in timestamps and long-term validation. If someone asks whether a signature is genuine, see how to verify a signed PDF.

In Collobr, your customer can approve a quote by link. The response is recorded with the customer's name, the date and time, the IP address and a SHA-256 fingerprint of that version of the quote, which gives you the evidence record described above for contracts that need no particular form.