Category: Process
Electronic signature (e-signature)
A digital method of signing a contract that's legally equivalent to a handwritten signature — usually a typed name, a clicked checkbox, or a drawn signature, bound to the signer's identity.
An e-signature is any electronic indication that someone intends to be bound by a document. The US E-SIGN Act and UETA, plus the EU's eIDAS regulation, make them legally equivalent to handwritten signatures for almost all business contracts.
The bar is lower than most people think. Technically, typing your name at the bottom of an email can count as an e-signature if the context shows you intended to be bound. What tools like DocuSign, Dropbox Sign, and Adobe Sign add is *evidentiary weight* — an audit trail of when the document was opened, by whom, from which IP address, with what browser, plus a tamper-proof hash of the signed PDF. That's what makes e-signatures defensible in court.
Three tiers of e-signature, in rough order of enforceability:
**Simple e-signature.** A typed name, a clicked "I agree," a drawn signature in a web app. Legally binding for most commercial contracts. This is what 99% of B2B signing looks like.
**Advanced e-signature.** Simple + cryptographic identity verification (usually via email link + authenticated session, sometimes with SMS second factor). Most e-signature platforms produce advanced e-signatures by default.
**Qualified e-signature.** Advanced + identity verification by a government-approved certification authority. Required for specific use cases in the EU (certain public-sector contracts, some notarized documents). Rare in normal commercial practice.
Where e-signatures don't work:
- **Wills and testamentary documents** — almost everywhere, these still require wet signatures
- **Some real estate transactions** — varies by jurisdiction
- **Notarized documents in the US** — until recently, required in-person notarization. Remote online notarization is spreading but not universal.
- **Certain court filings and government forms** — depends on the specific agency
For everyday business contracts — NDAs, MSAs, SOWs, employment offers, vendor agreements — e-signatures are the default. The question isn't whether they're enforceable, it's whether your signing platform produces an audit trail strong enough to win the argument if someone later claims they didn't actually sign.