In the US, yes, in most cases. Federal law (the ESIGN Act) and state law (the Uniform Electronic Transactions Act) say a signature can't be denied legal effect just because it is electronic. A typed name, a drawn signature or a scanned one can all count. A short list of documents, such as wills, is the exception.
What the law says
Two laws work together.
The ESIGN Act is federal. Its core rule: a signature, contract or other record "may not be denied legal effect, validity, or enforceability solely because it is in electronic form" (15 U.S.C. §7001(a)). It applies to any transaction in or affecting interstate or foreign commerce.
The Uniform Electronic Transactions Act (UETA) is a model law the states adopt one by one. It is in force in 49 states, the District of Columbia and the US Virgin Islands. Its wording is almost the same as ESIGN's. California's version, for example, says: "A record or signature may not be denied legal effect or enforceability solely because it is in electronic form", and "If a law requires a signature, an electronic signature satisfies the law" (Cal. Civ. Code §1633.7).
New York is the one state without UETA. It has its own Electronic Signatures and Records Act instead.
Neither law says an electronic signature is automatically valid. They remove one objection: that the signature isn't on paper. Whether a particular contract holds up still depends on the usual things, like whether both sides agreed to it.
What counts as an electronic signature
The federal definition is broad on purpose. An electronic signature is "an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record" (15 U.S.C. §7006(5)).
The definition doesn't mention technology. There is no required app, format or certificate. What matters is that a person meant to sign that record. Under this definition, all of these can be electronic signatures:
- your name typed at the bottom of an email accepting an offer
- a click on an "I agree" or "Sign" button
- a signature drawn with a finger or a mouse
- an image of your handwritten signature placed on a PDF
- a certificate-based digital signature
Is a typed signature legally binding?
A typed name can be a valid signature. It is a "symbol" under the ESIGN definition, and it counts when you adopt it with the intent to sign. Typing your name into a signature field on a lease or at the end of an email that says "I accept these terms" can both do that.
Intent is what matters. A name in an automatic email footer says less about intent than a name you typed into a field labelled "Signature", because the footer is added to every message whether you mean to sign or not.
Is a scanned signature legally binding?
It can be, under the same rule. When you place an image of your handwritten signature on a document to sign it, that image is an electronic signature: a symbol, attached to the record, adopted with the intent to sign.
A scan does not turn a PDF into a "wet" original. If someone asks for the original signed paper, a scan won't satisfy them, because they are asking for the physical page. For everything else, a scanned signature works like any other electronic signature. If you want to make one, here is how to scan your signature cleanly on an iPhone.
What makes an e-signature hold up
A few things matter:
- Intent to sign. The person has to mean it as a signature. That is built into the definition in §7006(5).
- Agreement to go electronic. ESIGN does not force anyone to accept electronic signatures (§7001(b)(2)). UETA applies when the parties agree to deal electronically, and that agreement is judged "from the context and surrounding circumstances, including the parties' conduct" (Cal. Civ. Code §1633.5).
- It was that person's act. A signature is attributed to someone "if it was the act of the person", and that "may be shown in any manner" (Cal. Civ. Code §1633.9).
- A copy you can keep. Where a law requires a written record, the electronic version has to be "capable of being retained and accurately reproduced for later reference" (§7001(e)). So keep the signed file.
Consumer notices are a special case. When a law says a business must give a consumer certain information in writing, it can do so electronically only after the consumer agrees and receives specific disclosures (§7001(c)).
When an e-signature isn't enough
ESIGN lists documents it does not cover (15 U.S.C. §7003). The main ones are wills and testamentary trusts, adoption, divorce and other family law matters, court orders and official court documents, and certain notices, such as utility shutoffs, foreclosure and eviction from a primary residence, and cancellation of health or life insurance.
For those, the law may still expect ink on paper. The full list, and what "wet" means, is in what is a wet signature. A bank, a county office or the other side of a deal can also ask for an original, and nothing in ESIGN makes them accept an electronic copy instead.
What kind of signature eSign Me creates
eSign Me places an image of your handwritten signature on the PDF: you sign a sheet of paper, the app lifts the ink off the page, and you put it where it belongs. In the usual e-signature terms, that is a simple electronic signature.
It does not add a certificate-based digital signature or an audit trail. If a document or a counterparty requires a digital signature, use a tool that issues one. The difference between the two is explained in electronic vs digital signatures.
General information, not legal advice.
Questions
Is a digital signature legally binding?
A digital signature is a type of electronic signature, so the same ESIGN and UETA rules apply to it. The certificate adds proof of which key signed the file and whether the file changed afterwards.
Is a signature on a PDF legally binding?
Usually, yes. A typed name, a drawing or an image of your handwriting placed on a PDF with the intent to sign is an electronic signature under ESIGN. The exceptions are documents such as wills, family law matters and certain notices, which ESIGN does not cover, so paper may still be required.
Do both parties have to agree to sign electronically?
Yes. ESIGN does not force anyone to accept electronic signatures, and under UETA the parties must agree to do business electronically. That agreement does not have to be written down: it is judged from the context and the circumstances, including how the parties act.
