Guide

Are electronic signatures legally binding?

Yes. Electronic signatures are legally binding in the United States under the ESIGN Act and UETA, and in Canada under PIPEDA and provincial e-commerce acts — provided there is intent to sign, consent to transact electronically, attribution to the signer, and a retained, tamper-evident record.

Last updated June 2026 · General information, not legal advice.

The four elements of an enforceable e-signature

1

Intent to sign

The signer takes a deliberate action (e.g. applying a signature) that demonstrates they meant to sign.

2

Consent to e-sign

The signer agrees to conduct the transaction electronically — captured and recorded before signing.

3

Attribution

The signature is tied to a specific person, often via email/SMS one-time-passcode identity verification.

4

Record integrity

A tamper-evident final record is retained, so any later change to the document is detectable.

United States — ESIGN Act and UETA

In the US, two laws make electronic signatures legally valid. The federal ESIGN Act (2000) and the Uniform Electronic Transactions Act (UETA), adopted by nearly every state, together establish that a signature, contract, or record cannot be denied legal effect solely because it is electronic.

For an electronic signature to hold up, four conditions generally need to be met: (1) intent to sign, (2) consent to do business electronically, (3) clear attribution of the signature to the signer, and (4) retention of a tamper-evident record that all parties can access.

Canada — PIPEDA and provincial e-commerce acts

In Canada, the federal Personal Information Protection and Electronic Documents Act (PIPEDA) recognizes electronic signatures, and provincial e-commerce statutes (such as Ontario’s Electronic Commerce Act) give them the same legal standing as handwritten signatures for most documents.

PIPEDA also defines a stricter category, the "secure electronic signature," which carries additional requirements — including a digital certificate issued by a recognized certification authority — for specific government and regulated use cases.

European Union — eIDAS (for context)

The EU regulates electronic signatures under eIDAS, which defines three tiers: simple, advanced, and qualified electronic signatures (QES). Qualified signatures require a qualified certificate and, often, a qualified signature-creation device.

GetSigned is purpose-built for Canada (PIPEDA) and the US (ESIGN / UETA). It does not issue qualified/eIDAS signatures. If your use case requires a QES for the EU, you need a qualified trust service provider.

Frequently asked questions

Are electronic signatures legally binding?

Yes. In the US (ESIGN Act and UETA) and Canada (PIPEDA and provincial e-commerce acts), electronic signatures have the same legal effect as handwritten ones when there is intent to sign, consent to transact electronically, attribution to the signer, and a retained, tamper-evident record.

What makes an electronic signature hold up in court?

A defensible e-signature is backed by evidence: a record of consent, identity verification, timestamps and IP for each signing event, and an integrity seal proving the document has not changed since signing. GetSigned captures these in a hash-chained audit log and seals each completed document with a PKCS#7 digital signature.

Is a typed name a valid electronic signature?

It can be, if the four elements are satisfied — intent, consent, attribution, and record integrity. The form of the mark matters less than the surrounding evidence that the right person intended to sign and the record was preserved unaltered.

Do I need a "secure electronic signature" under PIPEDA?

Only for specific government and regulated use cases. Most commercial agreements in Canada are valid with a standard electronic signature under PIPEDA and provincial e-commerce acts. A secure electronic signature adds a recognized-CA digital certificate requirement.

Collect signatures that hold up

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