Is e-signature legal? Absolutely.

United States Legal Framework

The legality of digital signatures in the United States is established under two key federal laws:

• ESIGN Act (2000) – The Electronic Signatures in Global and National Commerce Act provides federal authority for the enforceability of digital signatures in interstate and international commerce.
• UETA – The Uniform Electronic Transaction Act has been adopted by all 50 states, providing state-level legal recognition of digital signatures.

View the Uniform Electronic Transactions Act

It is important to seek permission from all parties to conduct business electronically.

Real property transfers, wills and some legally required notices to consumers are excluded under certain circumstances.

US Digital Signature Categories

While regulatory frameworks differ between the US and EU, digital signatures generally fall into these categories:

• Simple digital signatures – these include scanned signatures and tickbox plus declarations (MyDocSafe offers those)
• Advanced digital signatures – can identify the user, is unique to them, is under the sole control of the user and is attached to a document in a way that it becomes invalidated if the contents are changed (this is the type of signature currently offered by MyDocSafe, note however that we currently do not issue individual signing certificates – each certificate is attached to a signed document in pdf format)
• Qualified digital signatures – a signature with a digital certificate encrypted by a secure signature creation device e.g. smart card (we currently offer those through a number of qualified trust providers that are seamlessly integrated with our platform)

European Union Digital Signature Regulations

For users in the EU, digital signatures are governed by eIDAS:

From 1 July 2016 the current regulatory framework has changed. The Directive on digital signatures (1999/93/EC) has been replaced with a new framework, commonly called e-IDAS (910/2014/EU). E-IDAS provides mutual recognition of e-signatures, e-seals, time stamping, website authentication and e-registered delivery services among EU member states which adopt the regulation. E-IDAS also introduces the advanced digital signature concept as well as the definition of qualified and non-qualified trust services. The aim of E-IDAS is to build public confidence in the security of digital transactions and to encourage them to use digital signatures. Since E-IDAS is not a directive, it does not need to be approved by individual EU countries.

You can view the Regulation here:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2014.257.01.0073.01.ENG

Recent Developments on Digital Deeds (Documents That Need to Be Signed with a Witness)

In the United States, the American Bar Association has published guidance on electronic signature execution. Digital signatures may be used for deeds and other documents requiring witness attestation, subject to state law requirements. Best practices generally recommend that witnesses be present when the signatory signs electronically, rather than witnessing through a live televisual medium (such as a video conferencing facility), to minimize any evidentiary risk as to whether the person genuinely witnessed the signing. Requirements vary by state and by the type of document, so it is advisable to consult with legal counsel for your specific jurisdiction.

For specific guidance on your jurisdiction, please consult the American Bar Association or your state bar association.