E-signature Legality in United States
Electronic signatures are valid in the United States, under the federal Electronic Signatures in Global and National Commerce Act (“ESIGN”). State law versions of the Uniform Electronic Transactions Act (“UETA”) govern e-signatures as they apply to the different states. U.S. territories also have their own e-signature laws. The same applies to Puerto Rico. Local laws may also apply.
Learn more about the e-signature legality in United StatesE-signature Legality in Canada
Several Canadian provinces allow for electronic signatures, including British Columbia, Alberta, Ontario, and Quebec as of the last update of this page. At the federal level, the Personal Information Protection and Electronic Documents Act (PIPEDA) governs e-signatures, and there are specific laws on e-signatures at the province level and in some cases locally.
Learn more about the e-signature legality in CanadaE-signature Legality in Australia
Electronic signatures are also valid in Australia, federally under both the Electronic Transactions Act of 1999 (Cth) (“ETA”) and the sub-regulations that are part of it, and the Electronic Transactions Regulations 2000 (Cth) (“ETR”). Australian states and territories also have their own e-signature laws, and there are some local laws as well.
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Under eIDAS, there are different types of e-signatures, including “Standard” electronic signatures, “Advanced” electronic signatures, and “Qualified” electronic signatures. Each of these types of electronic signatures has its own requirements. eIDAS affects individuals, companies, public entities, and covers many different types of transactions. The good news is that e-signatures are valid for many types of documents in the U.K., provided that the laws are followed. Consult your attorney for advice.
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Electronic signatures are generally accepted in New Zealand, for many types of business contracts, those involving real estate, and for contracts between individuals, among other types.
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Germany is a member country of the European Union. E-signatures in Germany are therefore covered by Regulation (EU) No 910/2014, known as eIDAS, which regulates electronic identification and trust services. eIDAS was introduced in 2014 and went into full force in 2016.
Learn more about the e-signature legality in GermanyE-signature Legality in France
France is a member of the European Union, and as such e-signatures in France are governed by the 2014 Regulation (EU) No 910/2014, known as eIDAS, which oversees digital identity management, authentication, and trust services across the European Union.
Learn more about the e-signature legality in FranceE-signature Legality in Italy
In Italy, a handwritten signature is not necessarily required to make a signed contract legally valid. Italy recognized e-signatures in 2005 with the passing of PbEG L 13, also called the Digital Administration Code (DAC) or Legislative Decree No. 82/2005. The DAC borrowed heavily from the EU Directive (1999/93/EC) that governed e-signatures in the European Union. In July 2016, Italy replaced the EU Directive with Regulation (EU) No 910/2014, known as the eIDAS Regulation.
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A member of the European Union, Spain has used the eIDAS Regulation (Regulation (EU) No 910/2014) since 2014 as the law that governs electronic signatures. However, it has recognized e-signatures since 2003, after the enactment of the Electronic Signature Act, which aligned with the EU Directive 1999/93/EC.
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Belgium is a member of the European Union and adheres to Regulation (EU) No 910/2014, also referred to as eIDAS, which was introduced in 2014 and went into full effect in 2016.
Learn more about the e-signature legality in BelgiumE-signature Legality in Austria
Electronic signatures are valid in Austria. As a member state of the European Union (EU), Austria follows eIDAS, or Regulation (EU) No 910/2014, which regulates how countries in the EU handle electronically signed documents. The eIDAS Regulation replaced the e-Signatures Directive (1999/93/EC) in July 2016.
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Several Swiss laws govern the use of e-signatures and the requirements for a service provider to issue an e-signature.
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Luxembourg is a member of the European Union. E-signatures in Luxembourg are therefore governed by Regulation (EU) No. 910/2014, or eIDAS, which covers electronic identification and trust services and went into full effect in 2016. eIDAS developed a standardized legal framework for e-signatures and other associated services across all EU member states.
Learn more about the e-signature legality in LuxembourgE-signature Legality in Portugal
As a member of the European Union, Portugal adheres to Regulation (EU) No 910/2014, also called eIDAS, which regulates electronic identification and trust services. This law was introduced in 2014 and came into full effect in 2016. It oversees the use of electronic signatures.
Learn more about the e-signature legality in PortugalE-signature Legality in Denmark
Denmark is a member state of the European Union and follows EU law regarding e-signatures. Regulation (EU) No 910/2014, known as eIDAS, is the central law governing electronic identification and trust services in the EU. It went into full effect in 2016.
Learn more about the e-signature legality in DenmarkE-signature Legality in Netherlands
The 2003 Electronic Signature Act (Wet elektronische handtekeningen) was the first law to recognize electronic signatures in the Netherlands. Today, as a member state of the European Union, the Netherlands follows EU law governing e-signatures. Regulation (EU) No 910/2014, also known as eIDAS, regulates electronic identification and trust services and came into full force in 2016.
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Norway follows the principle of freedom of contract and form, meaning that generally specific formats and forms aren’t required for contracts and signatures. Several laws are applicable to the use of electronic signatures, however.
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As a member state of the European Union, Finland adheres to Regulation (EU) No 910/2014, known as eIDAS, which went into full effect in 2016 and governs electronic identification and trust services.
Learn more about the e-signature legality in FinlandE-signature Legality in Brazil
Brazil does not require a handwritten signature to make a contract legally valid. The Provisional Measure No. 2.200-2/01 was established in 2001 to enforce this provision. The law also created the Infraestrutura de Chaves Públicas Brasileira (ICP Brasil) to ensure the e-signatures met specific criteria.
Learn more about the e-signature legality in BrazilE-signature Legality in Mexico
Mexico's Commerce Code, Federal Civil Code, and Federal Code for Civil Proceedings recognize e-signatures as legally valid if certain conditions are met.
Learn more about the e-signature legality in MexicoThis page was last updated on October 30, 2024.
Disclaimer
The information provided in this guide is for general informational purposes only and is not intended to constitute legal advice. While we strive to keep the information accurate and up-to-date, laws and regulations vary by jurisdiction and can change frequently. Should you have specific legal questions about any of the information on this site, you should consult with a licensed attorney in your area.