Are electronic signatures legal in the UK?

The general position

English law generally takes a flexible approach to signatures. What matters is that the person intended to authenticate the document. A typed name, a scanned signature, a signature drawn on a screen or a click on an "I agree" button can all be capable of acting as a signature, depending on the circumstances.

The Electronic Communications Act 2000 provides that electronic signatures are admissible in legal proceedings. UK law also retains the principle, originally from the EU eIDAS Regulation, that an electronic signature should not be denied legal effect solely because it is in electronic form. In 2019, the Law Commission of England and Wales published a report concluding that an electronic signature is capable in law of being used to execute a document, provided the person intends to authenticate it and any formalities are met.

Types of electronic signature

UK law recognises three broad levels, taken from the eIDAS framework:

1. A simple electronic signature — any electronic data used to sign, such as a typed name or a drawn signature.
2. An advanced electronic signature — one that is uniquely linked to and capable of identifying the signer, under the signer's sole control, and linked to the data so that later changes can be detected.
3. A qualified electronic signature — an advanced signature created with a qualifying device and based on a qualified certificate from an approved provider. Under the regulations it has the equivalent legal effect of a handwritten signature.

Which type do you need?

For most everyday business agreements — service agreements, supplier terms, NDAs — a simple electronic signature is generally sufficient, because there is usually no legal requirement for any particular type. The more practical question is evidence: if a signature is disputed, can you show who signed, when, and that the document has not changed since?

That is why signing platforms usually record details such as the time of signing and technical information about the signing session.

When to take extra care

Some documents have extra formalities. A deed signed by an individual must be signed in the presence of a witness who attests it (companies have their own execution rules), and the Law Commission's view is that the witness should be physically present when the signer signs. Land registration, some court documents and certain regulated agreements have their own rules about acceptable signatures. If you are dealing with any of these, check the specific requirements or take advice before relying on an electronic signature.

It is also worth confirming that the person signing for a company has authority to do so.

How OfClause handles signatures

OfClause lets the other side sign through a guest link without creating an account. When an NDA is signed in OfClause, the signature is stored with the time of signing, the IP address, the browser's user agent and a SHA-256 verification hash of the signing record. When a guest signs an agreement from a conversation, the time of signing and IP address are recorded. OfClause does not check identity documents, and its signatures are simple electronic signatures rather than qualified ones.

Practical tips for signing electronically

Make sure everyone signs the same final version of the document, and that any changes after one party signs are re-signed. Keep a copy of the signed document together with any signing record the platform provides. Use the signer's own email address rather than a shared inbox, so it is easier to show who received the signing request.

For companies, check who is authorised to sign. Many small businesses allow any director to sign everyday agreements, but larger organisations often have internal rules about who can commit the business, and to what value.

Where the other party is in a different country, the rules there may differ. If the agreement is governed by another country's law, or will need to be enforced abroad, check the requirements in that country.