15-30 minEasy

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

1

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).

Tips
  • Simple e-signatures are sufficient for most UK business contracts.
2

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.

Tips
  • When in doubt, check with your solicitor or the relevant registry.
3

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.

Tips
  • Higher-value transactions warrant stronger authentication.
4

Maintain records and audit trails

Store signed documents securely with their audit trails showing the signatory's identity, timestamp, and any verification steps completed.

Tips
  • 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

Assuming all e-signatures have the same legal weight (qualified signatures carry presumption of validity)
Using e-signatures for documents that require witnessing without proper arrangements
Not keeping adequate records to prove who signed and when

Template / Example

E-Signature Policy: [Company] accepts electronic signatures for all contracts and agreements except deeds requiring witnessing, HM Land Registry documents, and regulated documents where wet-ink is required. All e-signed documents must be processed through our approved platform and retain a full audit trail.

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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This is guidance, not legal advice. Consult a solicitor for complex matters.

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