An electronic signature is any electronic mark a person adopts to sign a document: a typed name, a drawn line, a click, or an image of a handwritten signature. A digital signature is one specific, cryptographic kind. It uses a certificate to prove who signed and to show whether the file changed after signing.
What is an electronic signature?
US federal law defines it as "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). The definition is about intent, not technology. All of these count:
- typing your name at the end of an email that accepts an offer
- ticking "I agree" and clicking Sign on a web form
- drawing your signature with a finger on a phone screen
- placing a scanned image of your handwritten signature on a PDF
The ESIGN Act then sets the rule that makes them usable: a signature or contract "may not be denied legal effect, validity, or enforceability solely because it is in electronic form" (15 U.S.C. §7001). The states say the same through the Uniform Electronic Transactions Act, adopted by 49 states and the District of Columbia, and New York through its own Electronic Signatures and Records Act.
That rule has exceptions, such as wills, family law matters, court documents and certain eviction and foreclosure notices (15 U.S.C. §7003). Those are the cases where a wet signature, ink on paper, may still be required. More on whether electronic signatures hold up under US law.
What is a digital signature?
A digital signature is a mathematical seal on a file. It is built on public-key cryptography (PKI):
- The signer has a pair of keys. The private key stays with them. The public key sits in a certificate issued by a certificate authority, which vouches that the key belongs to that person or company.
- Signing computes a fingerprint (a hash) of the exact file and encrypts it with the private key.
- Anyone can check the seal with the public key. If a single byte of the file changed after signing, the fingerprint no longer matches and the PDF reader shows the signature as invalid.
So a digital signature answers two questions an ordinary electronic signature can't answer by itself: which certificate signed this, and has the file changed since. You usually see it in Adobe Acrobat as a banner such as "Signed and all signatures are valid".
Electronic vs digital signature: the differences
| Electronic signature | Digital signature | |
|---|---|---|
| What it is | Any mark adopted with intent to sign | A cryptographic seal built on a certificate |
| What you see | A name, a drawn or scanned signature, a checkbox | Often the same visible signature, plus a certificate the reader can inspect |
| Shows who signed | Only through context: email, account, witnesses, records | Through the certificate and the authority that issued it |
| Shows if the file changed | No, not by itself | Yes: any edit breaks the seal |
| What the signer needs | Nothing special | A certificate, often issued after identity checks |
| Typical use | Contracts, leases, forms, approvals | Regulated industries, government filings, cross-border EU deals, documents likely to be disputed |
A digital signature is a type of electronic signature. People often use the two terms as if they were the same thing, and many "digital signature" apps actually produce ordinary electronic signatures.
Types of electronic signatures
In everyday use you will meet these:
- Typed. Your name in a text field or a script font.
- Drawn. A signature traced with a finger, stylus or mouse.
- Scanned. An image of your handwritten signature, captured from paper and placed on the document. The steps are in how to scan your signature.
- Click-to-sign. An "I agree" checkbox or a Sign button, often recorded by the service with a timestamp.
- Certificate-based. A digital signature, as above.
Europe's eIDAS regulation, which you will see referenced in comparisons, sorts them into three levels. A simple electronic signature (SES) covers the first four types. An advanced electronic signature (AES) must be uniquely linked to the signer and detect later changes. A qualified electronic signature (QES) is an advanced one backed by a qualified certificate and device, and under EU law it has the same effect as a handwritten signature. US law has no such tiers: ESIGN and UETA treat all of them as electronic signatures.
Which one does eSign Me create?
eSign Me creates a simple electronic signature: an image of your real handwritten signature, captured from paper with the iPhone camera, placed on the PDF where you put it. The other signer does the same in the browser, from a photo of their signature or one drawn on the screen.
What it doesn't add, yet, is the evidence layer that some services wrap around a signature. There is no certificate seal on the finished PDF and no audit trail recording when each person opened and signed the document. For most everyday paperwork, such as freelance agreements, school forms and leases between people who know each other, that is usually enough. When a document is likely to be disputed, or a counterparty requires a sealed file, a service with an audit trail or certificate-based signing fits better. The options are compared in DocuSign alternatives.
When you need a digital signature
Consider a certificate-based signature when:
- Someone requires it. Some government portals, courts, and regulated industries such as pharma or finance accept only certificate-signed files.
- The deal is cross-border in the EU, where a qualified signature carries the strongest legal presumption.
- You expect a dispute. A seal that shows the file hasn't changed, and a certificate that names the signer, are easier to defend than a picture of a signature.
- The file will be checked by software, for example an automated system that verifies signatures before accepting a filing.
For a lease between a landlord and a tenant, an invoice or a school permission slip, a simple electronic signature is the normal choice. How that works for rental agreements is in how to sign a lease online.
General information, not legal advice.
Questions
Is a digital signature more legal than an electronic signature?
Under US law, no. The ESIGN Act says a signature cannot be denied legal effect just because it is electronic, and that covers both. A digital signature is easier to defend in a dispute, because it shows who signed and whether the file changed.
Is a scanned signature an electronic signature?
Yes. An image of your handwritten signature, placed on a document with the intent to sign it, fits the legal definition of an electronic signature. It is not a digital signature, because no certificate seals the file.
What is an e-signature?
Short for electronic signature: any electronic mark you adopt to sign a document, such as a typed name, a drawn line, a click or an image of your handwriting.
