Overview
Electronic signatures are legally valid in most jurisdictions worldwide. However, the specific requirements and scope vary by jurisdiction. This page covers the major electronic signature laws and how Documenso supports compliance.Electronic signatures created with Documenso are designed to comply with SES (Simple Electronic
Signature) requirements under major regulations including ESIGN, UETA, and eIDAS.
ESIGN Act (United States)
The Electronic Signatures in Global and National Commerce Act (ESIGN Act) is a U.S. federal law enacted in 2000. It ensures that electronic signatures and records have the same legal validity as paper documents and handwritten signatures in interstate and foreign commerce.Key Requirements
| Requirement | Description | How Documenso Supports |
|---|---|---|
| Intent to Sign | Signers must demonstrate clear intent to sign the document | Active interaction with signature fields required |
| Consent | All parties must agree to conduct the transaction electronically | Recipients receive clear notification |
| Consumer Disclosure | For consumer transactions, specific disclosures must be provided before obtaining consent | Customizable signing workflows |
| Record Retention | Electronic records must be accurately preserved and accessible for later reference | Signed documents stored and accessible to all parties |
| Association | The signature must be associated with the record being signed | Signatures cryptographically bound to documents |
Exclusions
The ESIGN Act does not apply to certain document types:Always verify whether your specific document type is eligible for electronic signature under
federal and state law.
UETA (United States)
The Uniform Electronic Transactions Act (UETA) is a model law adopted by 49 U.S. states (all except New York, which has its own Electronic Signatures and Records Act). UETA provides a legal framework for electronic signatures and records at the state level.Relationship to ESIGN
UETA and the ESIGN Act have similar requirements and purposes. The federal ESIGN Act allows states to modify or supersede certain ESIGN provisions if they adopt UETA or an equivalent law. In practice, the requirements for electronic signatures under both laws align closely.Key Requirements
- Intent to sign - Signer must demonstrate intent to sign
- Consent - Parties must agree to conduct transactions electronically
- Attribution - Signature must be attributable to the signer
- Record retention - Records must be retained in their original electronic form
How Documenso Complies
eIDAS (European Union)
The Electronic Identification, Authentication and Trust Services (eIDAS) regulation governs electronic signatures across all EU member states. eIDAS establishes three levels of electronic signatures, each with different requirements and legal effects.Three Signature Levels
| Level | Description | Legal Effect |
|---|---|---|
| Simple Electronic Signature | Basic electronic signature with no specific technical requirements | Admissible as evidence; legal effect varies by use |
| Advanced Electronic Signature | Uniquely linked to signer, capable of identifying signer, under sole control | Higher evidentiary weight than SES |
| Qualified Electronic Signature | AES created by a qualified signature creation device, based on a qualified certificate | Equivalent to handwritten signature across the EU |
Documenso currently supports Simple Electronic Signatures (SES), which are appropriate for
the vast majority of business transactions.
Simple Electronic Signatures (SES)
SES is the baseline level under eIDAS. Any data in electronic form attached to or logically associated with other electronic data, used by the signatory to sign, qualifies as an SES. Requirements:- Demonstrates intent to sign
- Logically associated with the document
- No specific technical requirements
- Standard contracts and agreements
- Internal approvals and sign-offs
- Non-disclosure agreements
- Purchase orders and invoices
- Employment documents (in most jurisdictions)
- Terms of service acceptance
Advanced Electronic Signatures (AES)
AES must meet additional criteria:- Uniquely linked to the signatory - The signature is associated with a specific individual
- Capable of identifying the signatory - The signature data reveals who signed
- Created using signature creation data under the signatory’s sole control - Only the signer can create the signature (e.g., private key, secure device)
- Linked to the data in such a way that any subsequent change is detectable - Tampering invalidates the signature
Status: Planned - Full AES support requires
identity verification services.
- ✓ Cryptographic signature sealing against tampering
- ✓ Signing using dedicated hardware (HSM)
- ⏳ Embedding signer identity in cryptographic signature (planned)
- ⏳ Government-audited trusted qualified services provider status (planned)
Qualified Electronic Signatures (QES)
QES is the highest level under eIDAS. It is legally equivalent to a handwritten signature in all EU member states. Requirements:- All AES requirements, plus:
- Qualified Certificate - Issued by a Qualified Trust Service Provider (QTSP)
- QSCD - Qualified Electronic Signature Creation Device
- Identity Verification - In-person or equivalent remote verification
Status: Planned - QES requires integration with
a QTSP.
Other Jurisdictions
Electronic signature laws exist in most countries. Below are selected examples:United Kingdom
Framework: UK eIDAS / Electronic Communications Act 2000- Post-Brexit, UK maintains eIDAS-like framework
- Three signature levels similar to EU eIDAS
- Mutual recognition with EU for qualified signatures
Canada
Framework: PIPEDA (federal), provincial laws- Federal and provincial laws govern e-signatures
- Generally technology-neutral approach
- Specific requirements vary by province and document type
Australia
Framework: Electronic Transactions Act 1999- Technology-neutral approach to electronic signatures
- Requires consent and reliability appropriate to the circumstances
- State laws may have additional requirements
Switzerland
Framework: ZertES (Federal Act on Electronic Signatures)- Similar to eIDAS with qualified signature requirements
- Three signature levels: SES, AES, QES
- Mutual recognition with EU under specific conditions
Status: Planned - Full ZertES compliance for QES
level.
Other Countries
| Country | Framework | Notes |
|---|---|---|
| Brazil | MP 2200-2, ICP-Brasil | PKI-based framework for digital signatures |
| India | IT Act 2000, Aadhaar e-KYC | Recognizes electronic signatures; Aadhaar verification |
| China | Electronic Signature Law | Requires reliable electronic signatures for some uses |
| Japan | Electronic Signatures Act | Three-tier system similar to eIDAS |
| Mexico | Electronic Commerce Act | Recognizes electronic signatures and digital seals |
| Singapore | Electronic Transactions Act | Technology-neutral, similar to Australia |
Requirements vary significantly by jurisdiction. Some transactions may require specific signature
types or have exclusions similar to the ESIGN Act. Consult local counsel for jurisdiction-specific
guidance.
How Documenso Supports Compliance
Documenso provides features that support compliance with e-signature laws across jurisdictions:- Tab Title
- Tab Title
- Tab Title
- Tab Title
Intent to Sign
- Signers must actively interact with signature fields to apply their signature
- The signing interface clearly indicates the document being signed
- Signers receive a copy of the completed document
- No signature can be applied without explicit user action
Additional Verification Options
- Access Codes - Require signers to enter a code before accessing documents
- Signing Order - Control the sequence of signatures
- Email Delivery - Email-based identity verification
What Documenso Does NOT Provide
The following capabilities are not currently available but may be added in future releases:
| Capability | Status |
|---|---|
| Qualified Electronic Signatures (QES) | Not supported; requires QTSP integration |
| Advanced Electronic Signatures (AES) | Partial; full AES requires identity verification services |
| Identity Verification (KYC) | Not built-in; may require third-party integration |
| Qualified Certificates | Not issued; would require QTSP status |
| Industry-Specific Compliance | Features for specific regulations depend on configuration and license |
Disclaimer
This page provides general information about electronic signature laws for educational purposes. It
does not constitute legal advice.
- Jurisdiction and applicable laws
- Transaction type and document category
- Industry-specific regulations
- Parties involved in the transaction
- Determine whether electronic signatures are appropriate for your specific use case
- Understand what requirements must be met
- Assess whether SES is sufficient or if AES/QES is needed
- Ensure compliance with industry-specific regulations
Related
- Signature Levels - Simple, Advanced, and Qualified electronic signatures explained
- Standards - Technical standards (PAdES, X.509, PDF/A)
- GDPR - Data protection compliance
- Certifications - SOC 2, 21 CFR Part 11, and other frameworks
- Signing Certificates - How documents are digitally signed and verified