Understanding the Legality of E-Signatures Globally

DPDiana Prince May 10, 2024

Electronic signatures are legally binding in most countries around the world, thanks to specific laws and regulations designed to govern their use. Key legislation includes the ESIGN Act in the United States, eIDAS in the European Union, and similar laws in many other jurisdictions.


What Makes an E-Signature Legally Binding?

Generally, for an e-signature to be considered legally valid, it must meet certain criteria:

  • Intent to Sign: The signer must demonstrate a clear intention to sign the document electronically.
  • Consent to Electronic Business: Signers must typically consent to conducting business electronically.
  • Association of Signature with Record: The system must be able to link the signature to the signed document.
  • Record Retention: The signed document must be stored in a way that ensures its integrity and accessibility for future reference.
  • Audit Trail: A comprehensive audit trail capturing all actions related to the signing process is crucial.

DocuSigner is designed with these principles in mind, providing features that support the creation of legally enforceable electronic signatures (though specific legal advice should always be sought for your jurisdiction and use case).

DP
About Diana Prince

Author

Diana is a cybersecurity expert specializing in data protection and digital identity verification.