Where can you use an e-signature, and where not?
In the US, the UK and the EU, most business contracts can be signed electronically, and an electronic signature cannot be refused just because it is electronic. The differences are in the exceptions: wills, deeds, some family and property matters, and a few notices still need paper, witnesses or a special form. This guide lists them with the statutory text behind each rule.
Each country has its own rules. For Germany and France, see the German and French guides; for Turkey, the Turkish guide.
A signature or contract may not be denied legal effect solely because it is electronic (US ESIGN, UETA; EU and UK eIDAS Art. 25).
Wills everywhere; in the US also family law, most of the UCC and certain notices; in England & Wales deeds need a witness physically present.
Legal effect is one thing, proof is another: keep a record of who signed, when, and which version.
1Three kinds of e-signature
US law has a single, broad concept. An "electronic signature" is "an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record" (15 U.S.C. §7006(5)). A typed name, a click on "I accept" or a drawn signature can all qualify. What matters is the intent to sign.
EU law (and UK law, which kept the same regulation) distinguishes three levels (eIDAS Art. 3):
| Level | What it is | Typical example | Legal force |
|---|---|---|---|
| Electronic signature (simple) | Data in electronic form attached to or logically associated with other data, used by the signatory to sign (Art. 3(10)) | Typed name, "I accept" click, scanned signature | Admissible; weight is up to the court |
| Advanced (AdES) | Uniquely linked to and capable of identifying the signatory, under their sole control, and any later change to the data is detectable (Art. 26) | Certificate-based signature on a PDF | Stronger evidence |
| Qualified (QES) | An advanced signature created by a qualified signature creation device and based on a qualified certificate (Art. 3(12)) | Smart card, USB token or remote signing service of a qualified provider | Same effect as handwritten (Art. 25(2)) |
2United States: ESIGN and UETA
Two laws work side by side. The federal ESIGN Act applies to transactions "in or affecting interstate or foreign commerce" (15 U.S.C. §7001(a)); state law is based on the Uniform Electronic Transactions Act (UETA). According to the Uniform Law Commission's enactment map, 52 jurisdictions have enacted UETA; New York is the one that has not.
UETA applies only between parties who have each "agreed to conduct transactions by electronic means" (§5(b)). The agreement can follow from the circumstances; for example, replying to a quote by e-mail and approving it through a link.
Where it is used
Sales, service and supply contracts
Quotes, orders, master service agreements, NDAs and reseller agreements can be signed electronically, including with a simple click-to-accept.
15 U.S.C. §7001(a) · UETA §7Sale and lease of goods
UCC Articles 2 (sales) and 2A (leases) are expressly left inside ESIGN's scope, so contracts for goods can be signed electronically.
15 U.S.C. §7003(a)(3)Notarization
Where a law requires a signature to be notarized, the notary's electronic signature, together with the other information the law requires, can satisfy it under UETA.
UETA §11Consumer disclosures
If a law requires information to be given to a consumer in writing, an electronic record counts only after the consumer has affirmatively consented, received the required disclosures and consented in a way that shows they can access the electronic format.
15 U.S.C. §7001(c)Where ESIGN does not apply
Wills and testamentary trusts
The creation and execution of wills, codicils and testamentary trusts are governed by their own rules.
15 U.S.C. §7003(a)(1) · UETA §3(b)(1)Adoption, divorce, family law
State rules on adoption, divorce and other family matters are excluded.
15 U.S.C. §7003(a)(2)Most of the UCC, incl. checks and notes
The UCC is excluded except §§1-107, 1-206 and Articles 2 and 2A, 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).
15 U.S.C. §7003(a)(3), §7021Court documents
Court orders or notices and official court documents such as briefs and pleadings.
15 U.S.C. §7003(b)(1)Certain notices
Notices of utility shut-off; default, foreclosure or eviction for a primary residence; cancellation of health or life insurance; product recalls that risk health or safety.
15 U.S.C. §7003(b)(2)Hazardous materials documents
Documents required to accompany the transport or handling of hazardous materials, pesticides or other toxic materials.
15 U.S.C. §7003(b)(3)3United Kingdom (England & Wales)
An electronic signature is admissible in evidence (Electronic Communications Act 2000, s.7), and the UK kept the eIDAS rule that an electronic signature "shall not be denied legal effect … solely on the grounds that it is in an electronic form" (UK eIDAS Art. 25(1)). A qualified electronic signature has "the equivalent legal effect of a handwritten signature" (Art. 25(2)).
The Law Commission lists forms that courts have accepted as signatures, such as a name typed in an e-mail and an "I accept" tick box, including where a statute requires a signature but is silent on electronic ones. The UK Government stated in 2020 that electronic signatures "can be used in confidence in commercial and consumer documents".
Commercial contracts
Quotes, terms of business and supply contracts can be signed with any electronic signature that shows the intention to authenticate.
ECA 2000 s.7 · Law Com 386Bills of exchange and 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.1–3Deeds
A deed signed by an individual must be signed "in the presence of a witness who attests the signature". The Law Commission's view is that this requires the witness to be physically present, even when both sign electronically.
LP(MP)A 1989 s.1(3) · Law Com 386Land 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.
HMLR Practice Guide 82Wills
A will must be in writing and signed in the presence of two witnesses present at the same time. The Law Commission considers that electronic signatures most likely cannot meet this today; it has recommended reform, which the Government has not yet enacted.
Wills Act 1837 s.9 · Law Commission (2025)4European Union: eIDAS
Regulation (EU) No 910/2014 (eIDAS), as amended by Regulation (EU) 2024/1183, applies directly in every Member State.
A qualified signature based on a qualified certificate issued in one Member State is recognised as qualified in all others (Art. 24a(1)). Which contracts need a qualified signature, or cannot be signed electronically at all, is decided by each Member State's own law. In Germany, for example, the statutory written form requires a qualified signature and some declarations cannot be made electronically; in France, family-law and succession deeds under private signature are excluded. See the German and French guides for details.
| Transaction | US | England & Wales | EU (general rule) |
|---|---|---|---|
| Quote, order, service contract | Yes | Yes | Yes |
| Contract where the law requires written form | Yes (UETA §7) | Yes, if formalities met | Depends on country |
| Deed | State law | Witness physically present | Depends on country |
| Will | No (outside ESIGN) | Not today | Depends on country |
| Promissory note, bill of exchange | Not under ESIGN | Yes, via a reliable system (ETDA 2023) | Depends on country |
5How is a signature checked?
For a qualified signature, eIDAS lists what validation confirms (Art. 32(1)), including that:
- the certificate was a qualified certificate and was valid at the time of signing,
- it was issued by a qualified trust service provider,
- the signature was created by a qualified signature creation device,
- the integrity of the signed data has not been compromised.
Whether a provider is qualified is published in the national trusted lists (Art. 22), which can be searched in the European Commission's EU/EEA Trusted List Browser.
For simple signatures the question is proof. Under UETA, a signature is attributable to a person "if it was the act of the person", which "may be shown in any manner, including a showing of the efficacy of any security procedure" (§9(a)). In practice this means a record of the e-mail address the link went to, the time, the IP address, the name typed and a fingerprint of the exact document version.
6Points to watch
A contract may require a specific form
If your framework agreement says amendments must be "signed in writing" or "by wet ink", check whether that clause allows electronic signatures before relying on a click.
Contract termsConsumers
In the US, written consumer disclosures delivered electronically need the consumer's prior affirmative consent and the steps in 15 U.S.C. §7001(c).
15 U.S.C. §7001(c)A scanned signature is not a qualified signature
A pasted image of a handwritten signature can be an electronic signature, but it is not an advanced or qualified one.
eIDAS Art. 3, 26Certificates from outside the EU
Qualified certificates from a non-EU country count as EU-qualified only if recognised by an implementing act or an EU agreement. We found no such recognition for Turkish qualified certificates.
eIDAS Art. 147Getting a qualified e-signature
- In the EU, choose a qualified trust service provider. Only providers on a national trusted list issue qualified certificates. Search them in the Trusted List Browser.
- Have your identity verified. The provider checks your identity before issuing the certificate.
- Sign with a card, token or remotely. The key sits on a smart card or USB token, or in the provider's remote signing service.
- In the US there is no licensing of signature providers; any method that shows intent to sign works, as long as you can prove who signed.
8E-signatures in Collobr
Here is exactly what Collobr offers today and where its limits are:
- Approval by link (simple electronic signature). Your customer opens the quote on its verification page and accepts, declines or asks for changes. 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, and you are notified at once. This fits contracts for which the law requires no particular form.
- A verification page for every document. Anyone with the code can check that a PDF is the original, whether it has changed since signing and each signature's status under the EU trusted list (eIDAS), validated with the European Commission's DSS library. The page is available in English, German, French and Turkish.
- Certificate-based signing (Windows). The Collobr E-Signature app signs PDFs in the PAdES format with a certificate on a smart card or USB token. It has been tested with Turkish qualified certificates. It has not yet been tested with EU qualified certificates.
If a contract needs a qualified signature under EU law, sign it with your qualified trust service provider's own tool for now. Tell us if you need qualified EU signatures in Collobr.
9Frequently asked questions
Is a click on "I accept" a valid signature?
In the US, yes, if it is made with the intent to sign (15 U.S.C. §7006(5)). In the UK, the Law Commission lists an "I accept" tick box among the forms courts have accepted as a signature (Law Com No 386). In the EU it is a simple electronic signature: it cannot be refused just because it is electronic (eIDAS Art. 25(1)), but it does not replace a signature where the law requires a qualified one.
Do I need a qualified signature for B2B contracts?
Usually not. Qualified signatures are needed where a law requires a handwritten signature or a specific form. Most quotes, orders and service contracts have no such requirement.
Can a will be signed electronically?
No in practice. In the US, wills are outside ESIGN and UETA (15 U.S.C. §7003(a)(1)). In England and Wales, a will needs two witnesses present at the same time (Wills Act 1837 s.9); electronic wills are only a reform proposal so far.
Is a Turkish qualified e-signature qualified in the EU?
Not automatically. Under eIDAS Art. 14, third-country certificates count as EU-qualified only if recognised by an implementing act or an agreement with the EU, and we found none for Turkey. Such a signature can still be an electronic signature with legal effect under Art. 25(1).
Does a printout of an e-signed PDF keep the signature?
No. A certificate-based signature lives inside the electronic file. Keep the original file if you may need it as evidence.
10Sources
- 15 U.S.C. §7001 (ESIGN) — general rule, consumer disclosures; §7003 exceptions; §7006 definitions; §7021 transferable records
- Uniform Law Commission — Uniform Electronic Transactions Act — §§2, 3, 5, 7, 9, 11 and enactment map
- Electronic Communications Act 2000, s.7; UK eIDAS Art. 25
- Law Commission — Electronic execution of documents (Law Com No 386); Law Commission — Wills
- Wills Act 1837, s.9; Law of Property (Miscellaneous Provisions) Act 1989, s.1; Electronic Trade Documents Act 2023
- HM Land Registry — Practice Guide 82
- Regulation (EU) No 910/2014 (eIDAS), consolidated 18.10.2024 — Art. 3, 14, 22, 24a, 25, 26, 32
- European Commission — EU/EEA Trusted List Browser
This page is general information, not legal advice. It reflects the statutory texts as of the date above; state laws in the US differ in detail. For your specific case, consult a lawyer in the relevant country.