Are electronic signatures legal in the UK?
In the UK electronic signatures have been legal since 2000, since the introduction of the Electronic Communications Act 2000. The UK now adheres to the European Union’s eIDAS regulations that came into play in July 2016.
This means that UK businesses shouldn’t worry about the legality of electronic signatures and should be aware they have the option of using e-signatures for signing documents.
Yes, e-signatures are court admissible
Each country has it’s own regulations that determine whether an electronic signature is seen as legal or not. So, as long as your electronic signature adheres to these, a signature won’t be rejected simply for not being handwritten.
Yes, e-signatures can be used in business
Whilst 100% legal; there are exceptions for very specific types of transactions. It is still up to the discretion of the independent user, or governing body, whether they are used or not. As each business needs are different and the agreements themselves may vary. We always advise you to speak with an authority within your businesses category.
Legal Model
The UK’s legal model is a tiered one. This means that Qualified Electronic Signatures as a legal type of e-signature are valid and legally binding. This doesn’t mean that a non-Qualified Electronic Signature e-signature can’t be submitted in court, but it will need extra evidence to support it.
Legal Classification
The UK operates a Common Law system, which is based on:
- Judicial decisions are seen as binding
- Laws aren’t always of a written structure
- Few provisions are hinted at into the contract, by law
- Generally, everything is permitted that isn’t expressly prohibited by law
Few provisions are implied into a contract under the common law system – so it’s important to cover all the terms governing the relationship between the parties to a contract in the contract itself. This usually means that contracts are typically longer than one in a civil law country.
Full Summary
In the UK handwritten signatures aren’t needed for a contract to be seen as credible, and they’ll be seen as such as long as legally able individuals have reached an agreement (this can be by agreeing verbally, electronically or by physically signing).
Since July 2016, the eIDAS regulation has meant that all companies in the EU comply with each other’s e-signature regulations. Standardising them across Europe.