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Are electronic signatures legally valid?
In the US, the EU, the UK and many other places, an electronic signature cannot be refused only because it is electronic. Some documents need another form.
This page explains the general rules. It is not legal advice. If you are not sure whether a document can be signed electronically, ask a lawyer before you send or sign it.
The general rule
- United States. The federal ESIGN Act and the state laws based on the Uniform Electronic Transactions Act (UETA) say a signature or contract cannot be denied legal effect only because it is electronic.
- European Union. An electronic signature cannot be denied legal effect, or refused as evidence in court, only because it is electronic or because it is not a qualified electronic signature (eIDAS Regulation, Article 25).
- United Kingdom. The law has a similar rule.
What kind of signature Sovrasign makes
A Sovrasign signature is an electronic signature: the signer confirms their email address with Google, Microsoft or Apple, and the PDF records that confirmation, the time and proof that nothing changed afterwards. It is not a qualified electronic signature. In the EU, only a qualified electronic signature automatically has the same legal effect as a handwritten one. For other signatures, a court weighs the evidence; the evidence in a Sovrasign PDF is there for that.
Documents that may need another form
Some documents cannot be signed electronically, or need a handwritten signature, a qualified electronic signature, a witness or a notary. In many countries this includes:
- wills and other inheritance documents;
- some family law and court documents;
- some property transfers;
- some employment notices.
US federal and state laws also exclude some of these documents. The rules differ by country and by state.
Consent of consumers
In the US, a consumer must agree to receive records electronically before signing, after reading a disclosure of their rights, such as getting paper copies and withdrawing consent. The signing page shows Sovrasign's e-sign disclosure (version esd-3, reviewed by two AI models, not by a lawyer) before the signer fills in anything, and records each signer's consent, with the version of the disclosure they agreed to, in the signature itself. See Withdraw your consent.