The Legality of eSignatures in the United Kingdom

Documents that can be Electronically Signed

The following types of transactions are eligible for the use of electronic signatures:

• Consumer transactions
• Non-disclosure agreements
• Insurance
• Healthcare
• Life sciences
• Procurement
• Education
• IT
• Marketing
• HR
• SME business

Documents that may not be Electronically Signed

In the below types of transactions, electronic signatures may not always be accepted in specific circumstances, these will be assessed on a case-by-case basis.

• Government filings
• Banking
• Lending

Additionally, it is generally not recommended to use eSignatures and electronic records for Powers of Attorney/Statutory Assignments or Deeds. 

Types of eSignature Permitted in the UK

The UK eIDAS regulation retained many of the same aspects of the EU eIDAS regulation but was tailored for use in the UK. This means that the definition and types of electronic signatures accepted in the UK are the same as in the original regulation. Therefore, an electronic signature is defined as data in electronic form which is attached or logically associated with other data in electronic form and which is used by the signatory to sign. The below types of signatures are recognised in the UK eIDAS regulation.

• Simple – the most basic form of e-signature that can be in the form of typing your name at the bottom of an email or checking an approval box. There are no specific security or identity verification requirements for a simple e-signature.
• Advanced – this type of signature is uniquely linked to the signer, can accurately identify the signer, is created using data that the signer can be confident is under their sole control and is linked to the data in a way that detects any subsequent changes that are made. Advanced electronic signatures are more secure than simple signatures and are legally binding in most use cases.
• Qualified – this type of signature is similar to advanced but has additional requirements providers must adhere to. They must be certified based on public keys that have been issued using proper technological means. This means that the identity verification process is multi-step, using both encrypted keys and two-factor authentication.

Notable Legality Changes Since 2020

None. Brexit did not have any significant effect on the legal validity or acceptability of electronic signatures in the UK following the transitional period in December 2020. It’s important to note that UK eIDAS regulations do continue to recognise the legal effect of EU eIDAS-qualified signatures and permit their use in the UK. However, no agreement exists for UK eIDAS signatures to be automatically recognised and permitted in the EU as equivalent.

Publicly Accessible Links to Laws/Regulations Discussed

• The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016
• Electronic Communications Act 2000
• The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019
• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction. 

Last Updated 9th October 2024