Are electronic signatures legal?

For the proposals, contracts, NDAs and statements of work a freelancer signs with clients, electronic signatures are generally valid in the United States and the European Union. The exceptions are specific document types and anything that must be notarized. Below are the main laws in both places, the documents that usually still need paper or a notary, and the evidence an e-signature tool should keep.

This page is general information, not legal advice. Laws differ between countries, states and document types, and they change. For a specific contract, ask a lawyer licensed where you and your client are.

United States: the ESIGN Act and UETA

The federal Electronic Signatures in Global and National Commerce Act, known as the ESIGN Act, became law in 2000. It says that a signature, contract or record in interstate or foreign commerce cannot be denied legal effect just because it is electronic. It also sets extra consent and disclosure rules when businesses provide certain required information to consumers electronically.

The Uniform Electronic Transactions Act (UETA), published by the Uniform Law Commission in 1999, does similar work at state level. Forty-nine states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands and Guam have adopted it; Washington (2020) and Illinois (2021) were the most recent. New York has its own Electronic Signatures and Records Act instead, which gives an electronic signature the same validity as one signed by hand. UETA applies only when the parties have agreed to do business electronically, which their conduct can show, and ESIGN doesn't force anyone to accept electronic records. If a signature is disputed, you also need to show it was the act of the person who signed.

ESIGN defines an electronic signature broadly: an electronic sound, symbol or process attached to or logically associated with a record and adopted by a person with the intent to sign it. A typed name, a drawn signature or a click on "I agree" can all qualify. When a law requires that information be given to a consumer in writing, ESIGN adds steps before an electronic copy counts: the consumer must consent, after being told about their right to paper copies and how to withdraw consent, and must be able to access the electronic format. Business-to-business contracts don't need that consumer disclosure. ESIGN also lets you keep records electronically, as long as the copy accurately reflects the original and stays accessible.

European Union: eIDAS

In the EU, Regulation (EU) No 910/2014, known as eIDAS, sets the rules for electronic signatures, and it has since been amended. It says an electronic signature cannot be denied legal effect or be refused as evidence in court just because it is electronic. It defines three levels:

• Simple electronic signature: data in electronic form that a person uses to sign, such as a typed name or a drawn signature. It is valid, but its weight as evidence depends on the surrounding proof.
• Advanced electronic signature (AdES): uniquely linked to and capable of identifying the signer, created with data under the signer's sole control, and linked to the document so later changes can be detected.
• Qualified electronic signature (QES): an advanced signature created with a qualified signature creation device and based on a qualified certificate from a trust service provider. It has the same legal effect as a handwritten signature in every EU member state.

Most everyday freelance contracts can be signed with a simple electronic signature. Some national laws require a qualified signature, or a handwritten one, for specific documents, so check the rules in the country concerned.

What typically can't be e-signed

Even where e-signatures are broadly accepted, some documents are excluded or need extra formalities. The ESIGN Act's exceptions, in 15 U.S.C. § 7003, include:

• Wills, codicils and testamentary trusts.
• State laws on adoption, divorce and other family-law matters.
• Most of the Uniform Commercial Code, apart from sales and leases of goods (Articles 2 and 2A) and two general sections.
• Court orders, notices and official court documents such as briefs and pleadings.
• Certain notices: utility shut-offs; default, foreclosure or eviction involving a primary residence; cancellation of health or life insurance; and product recalls that put health or safety at risk.
• Documents that must travel with hazardous materials, pesticides or other toxic materials.

UETA has its own exclusions, such as wills, codicils and testamentary trusts and most of the Uniform Commercial Code, and each state can add more, so check your state's version. Documents that must be notarized or witnessed need those formalities too: ESIGN accepts an electronic notarization only with the notary's own electronic signature, and remote online notarization depends on each state's notary law.

What an audit trail captures

If a signature is ever disputed, the evidence around it decides the matter: who signed, when, and proof that the document hasn't changed. A typical audit trail records when the signer received and opened the document, when they consented to sign electronically, when they signed, and details such as IP address and device. A document fingerprint, or hash, of the original and final files lets anyone check that nothing was altered afterward.

Before you send a contract for e-signature

1. Check that the document type isn't on the exception list and doesn't need a notary or witnesses.
2. Use the signer's own email address, so the signing link ties the signature to them.
3. Make sure everyone who must sign is a signer, in the right order, with the right title for anyone signing for a company.
4. Read the final PDF once more. After signing, the fingerprint will show any change, so fix typos first.
5. Keep the signed PDF and the certificate together, for as long as the contract matters plus your state's limitation period.

How SoloWOS handles e-signatures

SoloWOS provides simple electronic signatures. Each signer gets a private link by email and, if you set one, an access code you share by phone or message. Before signing, they accept a consent to electronic records (SoloWOS keeps the exact text they saw), and a statement next to the Finish signing button records their intent to sign. Every view, consent and signature is logged with time, IP and device. When everyone has signed, the final PDF includes the certificate of completion and gets a digital seal, with a timestamp from a timestamp authority when that service responds, so PDF readers show if anything changes, and anyone can check a file on the verify page. You can upload a PDF or a Word file; a Word file is turned into a PDF that signers sign exactly as shown. SoloWOS does not provide advanced or qualified electronic signatures, notarization, or identity checks such as ID verification. Learn more about sending PDFs for e-signature, or see how to send a proposal clients sign for the whole flow from offer to signed contract.