Are electronic signatures legally binding in the UK?

The legal framework

Electronic signatures in the UK are governed by two pieces of legislation:

The Electronic Communications Act 2000 (ECA 2000) established that electronic signatures are admissible as evidence in legal proceedings and cannot be denied legal effect solely because they are in electronic form.

The retained UK eIDAS Regulation (originally EU Regulation 910/2014, retained after Brexit) defines three levels of electronic signature:

1. Simple Electronic Signature (SES) — any data in electronic form attached to or associated with other data, used by the signatory to sign. This includes typing a name, clicking an “I agree” button, or using a signing tool like Quill.

2. Advanced Electronic Signature (AES) — uniquely linked to the signatory, capable of identifying them, created using data under the signatory’s sole control, and linked to the signed data so any change is detectable.

3. Qualified Electronic Signature (QES) — an AES created by a qualified electronic signature creation device, based on a qualified certificate. QES has the same legal standing as a handwritten signature.

For most commercial contracts, SES is sufficient. This was confirmed by the Law Commission in its 2019 report on electronic execution of documents.

What can be signed electronically

Under English law, the vast majority of contracts and commercial agreements can be signed electronically, including:

• Employment contracts and offer letters
• NDAs and confidentiality agreements
• Service agreements and consulting contracts
• Freelance contracts
• Licence agreements
• Settlement agreements (with appropriate safeguards)
• Supply and procurement contracts
• Company resolutions (where articles permit)

What cannot be signed electronically

Some documents require specific formalities that electronic signatures cannot satisfy:

• Wills and codicils — the Wills Act 1837 requires physical signatures and witnesses
• Deeds for land registration — the Land Registration Act 2002 requires specific execution formalities
• Powers of attorney — must be executed as deeds under the Powers of Attorney Act 1971
• Documents requiring witnessed signatures — SES cannot satisfy witness requirements
• Certain regulated financial instruments — may require AES or QES

What makes an electronic signature enforceable

For an electronic signature to be enforceable, you generally need to demonstrate:

1. Intent to sign — the signer intended to authenticate the document
2. Consent — the signer agreed to sign electronically
3. Association — the signature is connected to the specific document
4. Identity — you can identify who signed
5. Integrity — the document has not been altered after signing

Quill captures all of these through its signing process: signers must acknowledge a consent statement before their signature fields activate, each signature is associated with a specific field on a specific document, signer identity is recorded (name, email, IP address, timestamp), and a SHA-256 hash provides tamper evidence.

The audit trail matters

In any dispute about the validity of an electronic signature, the audit trail is the critical evidence. Quill’s audit trail records:

• Signer name and email address
• Pseudonymised IP address
• Timestamp of each signature event
• Consent acknowledgement
• SHA-256 hash of the completed document

This audit data is appended to the completed PDF as a certificate page and retained for 6 years in accordance with the Limitation Act 1980. For a side-by-side comparison with pen-and-paper signing, see electronic vs wet signatures. If you need to know about US law, see are electronic signatures legal in the US.