How to Use E-Signatures Legally in the UK
Use e-signatures legally in the UK by understanding the three types (simple, advanced, qualified), confirming your document type accepts e-signatures, using a platform that provides an audit trail, and ensuring the signatory's identity is verified to an appropriate level.
Last updated: February 2025
Step-by-Step Guide
Understand the three types of e-signature
Simple e-signatures (typed name, scanned signature), advanced e-signatures (uniquely linked to signatory, capable of identifying them), and qualified e-signatures (created by a qualified device, based on a qualified certificate).
- •Simple e-signatures are sufficient for most UK business contracts.
Confirm your document is eligible
Most contracts, agreements, and commercial documents can be signed electronically. Exceptions include HM Land Registry documents, certain wills, and some notarised documents.
- •When in doubt, check with your solicitor or the relevant registry.
Implement appropriate identity verification
Match the level of identity verification to the risk of the transaction. For low-risk documents, email verification may suffice. For high-value contracts, consider ID verification or advanced e-signatures.
- •Higher-value transactions warrant stronger authentication.
Maintain records and audit trails
Store signed documents securely with their audit trails showing the signatory's identity, timestamp, and any verification steps completed.
- •Retain records for at least the limitation period of the contract (typically six years).
Legal Requirements
The UK eIDAS Regulation (retained EU Regulation 910/2014) establishes the legal framework. A qualified e-signature has the same legal effect as a handwritten signature. Simple and advanced e-signatures are admissible as evidence and cannot be denied legal effect solely because they are electronic. The Law Society and Law Commission have both confirmed the validity of e-signatures for most transactions.
Common Mistakes
Template / Example
When to Get a Solicitor
If you are implementing e-signatures across your organisation and need to establish which document types are eligible, or if a counterparty challenges the validity of an e-signature.
FAQ
What is the difference between simple and qualified e-signatures?
A simple e-signature can be a typed name or tick box. A qualified e-signature uses a qualified electronic signature creation device and a certificate from a qualified trust service provider. Qualified signatures carry a legal presumption of validity; simple signatures may need supporting evidence.
Can a company execute documents by e-signature?
Yes. A company can execute documents (other than deeds) by e-signature of a person authorised to act on its behalf. For deeds, Companies Act 2006 requires execution by two directors, or a director and secretary, and witnessing, which adds complexity to electronic execution.
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