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Are Electronic Signatures Legally Binding?

A plain-English explainer on eSignature law in the US and EU — and what makes a signature hold up.

Updated

The short answer: yes — electronic signatures are legally binding in most of the world. In the US they're recognized under the ESIGN Act and UETA; in the EU under eIDAS. A signature is enforceable when there's intent to sign, consent to do business electronically, association of the signature with the record, and a retained audit trail — all of which OpenSign™ captures automatically.

The laws that make eSignatures valid

United States — ESIGN Act & UETA

The federal ESIGN Act (2000) and the state-adopted UETA establish that a signature, contract or record may not be denied legal effect simply because it's electronic. Together they make eSignatures enforceable across nearly all US transactions.

European Union — eIDAS

The eIDAS regulation governs electronic signatures across the EU, defining three levels: simple, advanced (AES) and qualified (QES). Standard electronic signatures are admissible and enforceable; higher tiers add stronger identity guarantees for specific use cases.

What makes an electronic signature enforceable

  • Intent to sign — the signer clearly meant to sign.
  • Consent — both parties agree to transact electronically.
  • Attribution — the signature is linked to the signer (email, IP, timestamp).
  • Association — the signature is bound to the specific document.
  • Record retention — a copy and audit trail are retained.

OpenSign records all of these and issues a certificate of completion as evidence.

When you might need more than a standard eSignature

Some documents — certain wills, specific notarized deeds, or family-law matters in some jurisdictions — may require handwritten signatures or notarization. When in doubt, check local requirements or consult a lawyer.

This page is informational, not legal advice.

How OpenSign ensures enforceability

  • Captures intent and consent during signing.
  • Logs signer identity, timestamp and IP in a tamper-evident audit trail.
  • Binds the signature cryptographically to the document.
  • Issues a certificate of completion for your records.

Ready to try it? Create a free OpenSign account and start signing documents in minutes — no credit card required. Prefer to run it yourself? OpenSign is 100% open source on GitHub.

Frequently asked questions

Are electronic signatures legally binding?

Yes. Electronic signatures are legally binding under the ESIGN Act and UETA in the US and eIDAS in the EU, provided there is intent, consent, attribution and a retained audit trail.

What makes an eSignature enforceable?

Intent to sign, consent to transact electronically, attribution to the signer, association with the document, and retention of the record and audit trail — all captured by OpenSign.

Are there documents that can't be signed electronically?

Some documents — certain wills, notarized deeds or specific family-law matters — may require handwritten signatures or notarization. Check local requirements when unsure.

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