Is an electronic signature legally valid? eIDAS, written form and everyday cases
Updated September 5, 2026
The short answer: yes, an electronic signature is valid. The EU eIDAS regulation says a signature must not be denied legal effect solely because it is electronic; the UK kept that rule after Brexit, and the US ESIGN Act and UETA say the same. The longer answer depends on what is being signed. For most documents a simple electronic signature, the kind signhere creates, is enough. For a small number of cases named explicitly in law you need a qualified signature or paper. This guide explains the three levels, the rules in the EU, the UK and the US, and the typical everyday cases.
The three levels under eIDAS
Regulation (EU) No 910/2014, known as eIDAS, applies directly in every EU member state. It defines three levels of electronic signature.
- Simple electronic signature (SES): data attached to a document as a signature, for example a drawn signature in a PDF, a typed name or a click on "I agree". No certificate required. This is what signhere creates.
- Advanced electronic signature (AES): uniquely linked to the signer, capable of identifying them and detecting later changes. Usually backed by a certificate from a provider.
- Qualified electronic signature (QES): an advanced signature with a qualified certificate and a secure signature creation device, for example a national eID. Only the QES is legally equivalent to a handwritten signature by statute.
The rule: freedom of form
In the EU, the UK and the US contracts are generally valid without any particular form. A rental agreement, the sale of a used car, a job for a tradesperson or a power of attorney to collect a parcel are all binding even when agreed verbally. The signature then serves as evidence, not as a condition of validity. A simple electronic signature is usable evidence, especially when a certificate with the time and technical details is attached. In a dispute a court weighs it freely, as it would a scan or a fax.
Where the law requires a specific form
The exceptions are few but important. Where a statute requires "written form" or a "handwritten signature", only a qualified signature replaces ink on paper.
- EU member states name their own exceptions. In Germany, for example, terminating an employment contract requires paper (section 623 of the Civil Code), and fixed-term employment contracts, personal guarantees and consumer loans need written form or a QES. Open-ended employment contracts are form-free. Austria and most other states have similar short lists, typically guarantees and certain consumer contracts.
- United Kingdom: eIDAS was retained in UK law. Most contracts can be signed with a simple electronic signature; deeds, wills and some land transactions have their own rules on witnessing and form.
- United States: ESIGN and UETA give electronic signatures the same effect as handwritten ones for most transactions. Excluded are wills, testamentary trusts, family-law matters such as adoption and divorce, court orders and certain notices like utility cut-offs or foreclosure.
Typical everyday cases
This is how the rules play out in practice. When in doubt, check the statute or ask the organisation that requested the document.
- Power of attorney for a parcel, an office or a garage: simple signature is almost always enough, often with an ID copy.
- Rental agreement, handover protocol, sale of goods: form-free, simple signature is enough.
- Consent form for school, club, photos, treatment: simple signature is enough.
- Quote, work order, acceptance report, delivery note: simple signature is enough.
- Open-ended employment contract: form-free. Fixed term in Germany: written form or QES.
- Cancelling a phone, gym or subscription contract: simple signature or email is enough in most countries.
- Employment termination in Germany: paper only.
- Guarantees, land purchases, wills, prenuptial agreements: paper, notary or QES depending on the country.
Strengthening the evidence
The evidential weight of a simple signature grows with what is documented. signhere offers three building blocks: a signing certificate as the last PDF page with the time, a hashed IP address, the browser string and the document checksum; an ID copy the signer takes with their camera on the spot; and a password that only the right person knows. Combined, that is stronger evidence for everyday documents than a scan, because it shows when and from which device the signature was made.
What signhere is not
signhere does not create qualified signatures. If you need a QES, use your national eID or a qualified trust service provider. This guide is a general overview, not legal advice. For a binding answer in a specific case, a lawyer is the right address.
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Upload a PDFFrequently asked questions
Is a signature drawn with a finger in a PDF legally valid?
Yes, as a simple electronic signature. It counts wherever the law does not require written form, which covers the vast majority of contracts and declarations.
What is the difference between a simple and a qualified signature?
A qualified signature relies on a verified certificate and is equivalent to a handwritten signature by statute. A simple signature has no certificate but is admissible as evidence and sufficient for everyday use.
Does an electronic signature hold up in court?
Yes. A court may not reject an electronically signed document solely because of its electronic form. It weighs it as evidence, and a certificate with a timestamp helps.
Can I sign my rental agreement electronically?
Yes. Rental agreements are form-free in the EU, the UK and the US. Some countries attach consequences to a missing written form, such as treating a long lease as open-ended, but the agreement is still valid.
Are electronic signatures valid in the US?
Yes. The federal ESIGN Act and the UETA adopted by nearly every state give electronic signatures the same legal effect as handwritten ones, with exceptions for wills, family law and certain notices.
This guide is general information, not legal advice.