Are Online Signatures Legally Binding? Guide to Electronic Signature Laws

1. United States: The ESIGN Act & UETA

In the United States, electronic signatures are governed by two key laws:

• The ESIGN Act (Electronic Signatures in Global and National Commerce Act) — A federal law enacted in 2000 that establishes that electronic signatures are legally valid and enforceable, provided all parties consent to use electronic signatures.
• UETA (Uniform Electronic Transactions Act) — Adopted by 49 states (plus D.C. and Puerto Rico), UETA provides a state-level framework that mirrors the ESIGN Act. Only New York has not adopted UETA, but it has similar laws in place.

Under these laws, an electronic signature is defined as “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.”

This means that a signature drawn with your mouse or touchscreen on LazySign qualifies as a valid electronic signature under US law, provided you intend to sign the document.

2. European Union: eIDAS Regulation

The European Union regulates electronic signatures under eIDAS (Electronic Identification, Authentication and Trust Services), which has been in effect since 2016.

eIDAS defines three levels of electronic signatures:

• Simple Electronic Signature (SES): Data in electronic form attached to other electronic data, used by the signatory to sign. This includes typed names, scanned signatures, and signatures drawn on a website like LazySign. These are admissible as evidence in legal proceedings.
• Advanced Electronic Signature (AES): A signature that is uniquely linked to the signatory, capable of identifying them, created using data under their sole control, and linked to the data in a way that detects any subsequent changes.
• Qualified Electronic Signature (QES): An advanced signature created by a qualified signature creation device and based on a qualified certificate. This has the equivalent legal effect of a handwritten signature in all EU member states.

For most everyday documents — contracts, agreements, consent forms — a simple electronic signature is sufficient and legally binding under eIDAS.

3. Other Countries & Global Standards

Many other countries have adopted electronic signature laws, often modeled on the US ESIGN Act or the EU eIDAS regulation:

4. Documents That Require Wet Signatures

While electronic signatures are broadly accepted, certain types of documents typically still require a handwritten (“wet”) signature or notarization:

• Wills and testamentary trusts
• Family law documents (adoption, divorce, child custody)
• Court filings and court orders (in some jurisdictions)
• Property deeds and real estate transfers (in some states)
• Notarized documents (unless remote online notarization is permitted)

Always check your local laws for specific document types that may have additional requirements beyond a simple electronic signature.

5. Best Practices for Legally Binding E-Signatures

To ensure your electronic signature holds up in court, follow these best practices:

• Show intent to sign: A clear action (like drawing your signature) demonstrates intent.
• Consent to electronic signatures: Both parties should agree to use electronic signatures.
• Keep records: Save the signed document and any related records of the signing process.
• Use a reliable tool: Use a trusted online signing service like LazySign.
• Identify the signer: While not always required, including the signer's name alongside the signature adds clarity.