Electronic signatures: when are they legally valid?

The legal framework: eIDAS and UK law

In the EU, electronic signatures are governed by the eIDAS Regulation; the UK retained it as “UK eIDAS” after Brexit. Both distinguish three levels:

• Simple electronic signature (SES): any electronic expression of agreement – e.g. a signature drawn with your finger in a PDF. No identity verification required.
• Advanced electronic signature (AES): uniquely linked to the signer; later changes to the document are detectable.
• Qualified electronic signature (QES): an AES based on a qualified certificate issued after identity verification. In the EU, only the QES is automatically equivalent to a handwritten signature.

The principle: most contracts need no specific form

Sales contracts, private loans, everyday authorisations, receipts and condition reports are generally valid without any prescribed form – verbally, by e-mail, or with a simple electronic signature. In England and Wales, the Law Commission confirmed in 2019 that electronic signatures can validly execute documents, including where a signature is required by statute.

Courts may not reject an electronic signature as evidence solely because it is electronic (eIDAS Art. 25 and its UK equivalent).

The exceptions: where the law wants more

Some documents still require wet ink, witnesses, prescribed forms or a notary. The details are national law, but typical categories are:

• Deeds in England and Wales – e.g. property transfers, mortgages, some leases – need a witnessed signature.
• Wills are excluded from ordinary e-signing almost everywhere.
• Property transactions commonly require notarisation or registration in civil-law countries.
• Some jurisdictions exclude specific documents from electronic form – in Germany, for example, employment terminations and private guarantees must be signed in wet ink.
• Individual counterparties (banks, authorities, insurers) may contractually insist on qualified signatures or originals.

Evidence: what does an e-signature prove?

A simple electronic signature is assessed under the free evaluation of evidence: the court weighs it together with the surrounding facts – an audit trail with timestamps, e-mail context, witnesses. For everyday documents this is regularly sufficient in practice.

A qualified electronic signature additionally enjoys a statutory presumption and reverses much of the burden of argument. For high-value or high-conflict agreements, a QES from a qualified trust service provider is the safer route.

What this means in practice

For everyday contracts – private sales, authorisations, sublets, loans, receipts, protocols – a simple electronic signature is enough. That is what Tamgara creates: sign in the browser, free, no account, with an audit trail; self-signed documents never leave your device.

For deeds, wills, notarised transactions or wherever a counterparty demands a QES: print and sign by hand, involve the required witnesses or notary, or use a qualified trust service provider. Any tool promising a shortcut for those cases would be misleading you.