According to Angolan law, a qualified electronic signature is equivalent to an autographic signature in paper documents. An electronic document shall only be deemed to be signed for purposes of evidence where it meets the requirements set by the law on electronic signature and certification.

Electronic signatures are valid and effective under Argentine law. However, certain legal effects require that the signature comply with a special certification regime.

Electronic signatures are acceptable and enforceable in Australia in most instances in which the law requires a signature. Electronic signatures are valid if they are a method that identifies the person who is signing and indicates the person's intention with respect to the information communicated (eg, that the person agrees to the terms of a contract). The method of providing the electronic signature must generally be as reliable as appropriate for the purpose for which the electronic communication was given. Some laws exclude the use of electronic signatures in particular instances. Individuals and corporations may execute electronic deeds in New South Wales, Queensland and Victoria. In certain States and Territories (eg, Western Australia or South Australia), documents which require verification or authentication (or which need to be attested or witnessed) cannot be witnessed electronically, and must be executed in person, in the presence of the witness or authorized person.

In all other states and territories, certain additional requirements may apply to the execution of documents as deeds (eg, that execution must be witnessed, and the deed must be printed on paper, parchment or vellum), which means there is a degree of uncertainty about whether deeds can in all instances be validly executed using electronic signatures. From February 23, 2022, following the passing of the Corporations Amendment (Meetings and Documents) Bill 2021 (Cth), an attorney or other agent for a company can sign a deed electronically, irrespective of the State or Territory law on electronic signatures.

On September 14, 2023, the “Modernising Business Communications and Other Measures” Bill 2023 (Cth) was given royal assent.  The changes to the legislation include amending the Corporations Act 2001 (Cth) to enable all documents to be signed under the Act to be signed electronically.  Before this Bill being passed, some documents still required wet ink signatures.

In Austria, electronic signatures are regulated by the Signatures and Trust Services Act (Signatur- und Vertrauensdienstegesetz) which is based on the Regulation 910/2014 on electronic identification and trust services for electronic transactions in the internal market.

Generally, a qualified electronic signature equals a handwritten signature and has the same legal effects as any written signature, unless the parties agree otherwise. According to the "non-discrimination-rule" in the Signatures and Trust Services Act, any documents signed with an electronic signature in general have to be equally accepted as evidence in the court.

There are some exceptions when electronic signatures are not acceptable – for example, surety agreements, last will and certain declarations in family and inheritance law.

Until mid-2016, the use of electronic signatures in the European Union was governed by Directive 1999/93 on a Community framework for electronic signatures (E-Signature Directive) as transposed into the national laws of 28 member states of the European Union. In Belgium, the E-Signature Directive was implemented by the Act of July 9, 2001 laying down a legal framework for electronic signatures and certification services.

The Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (eIDAS Regulation) was adopted in July 2014, and has been effective as of July 1, 2016. The eIDAS Regulation aims to provide more predictable regulatory environment and is directly applicable in all member states of the European Union without having to be transposed in national legislation.

The eIDAS Regulation has a 2-tier approach. This means that all electronic signatures – that is, "data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign" receive some legal recognition – but only so-called "qualified" electronic signatures are automatically assimilated with handwritten signatures. Thus, in case of a dispute, it will be up to the competent court to decide whether a "non-qualified" electronic signature can be assimilated with a handwritten signature. The eIDAS Regulation does not preclude member states from deciding that, in certain circumstances, only specific types of electronic signatures, such as qualified electronic signatures, can be used.

Under Belgian law for example, an employment contract can only be signed electronically by using a specific type of qualified electronic signature. In any event, both the employer and employee retain the right to conclude an employment contract by using a handwritten signature.   

The approval of Book VIII of the new Belgian Civil Code, which entered into force on November 1, 2020, introduces new rules on evidence and specified the position of electronic signatures with regard to evidence. Book VIII now expressly includes an electronic signature within the definition of “signature”, by stating that a signature is “a sign or a sequence of signs, applied by hand, electronically or by any other process, through which a person identifies himself and from which his will is shown”. For the definition of an electronic signature, Book VIII of the new Belgian Civil Code directly refers to the definitions given under the eIDAS Regulation.

On June 3, 2021, the EU Commission published its proposal on the revision of the eIDAS Regulation, which constitutes a complete overhaul of the European digital identification framework. On November 8, 2023, the European Parliament and the Council of the EU approved their negotiation positions and reached a provisional agreement. The text still needs to be formally adopted, after which it will be published in the Official Journal of the EU and enter into force.

Electronic signatures are generally considered enforceable under Brazilian law. In 2001 Provisional Executive Act 2.200-2 (Electronic Signature Law) established a validity of the digitally signed documents. The Brazilian Public Key Infrastructure (ICP-Brazil) was created in accordance with the Electronic Signature Law. The Electronic Signature Law established the legal validity for ICP-Brazil certificates-based digital signatures, which are based on the use of public and private cryptographic keys. However, valid electronic signatures can be created outside of ICP-Brazil system if such signatures follow certain minimum parameters of validity (eg, authorship and integrity).

Generally, commercial contracts can be executed electronically as well as in writing or verbally, provided that the essential criteria for formation and validity are met and parties are in accordance with such means of signature.

However, certain agreements and transactions still must be in writing (ie, real estate sales, collateral agreements and family law transactions) and, in some cases, through a public instrument, and registered within its specific registries.

Many contracts in Canada have no particular signature requirements. Accordingly, written signatures, electronic signatures and secure electronic signatures are all generally enforceable, and no particular form of signature is required. For example, an electronic signature may consist of 1 or more letters, numbers, characters or other symbols in digital form incorporated in, attached to, or associated with an electronic document. However, a secure electronic signature must be used in certain circumstances.

There may, however, be issues regarding the identity of the signing party, or the integrity of the contract being signed. These issues can often be addressed using secure electronic signatures. Furthermore, the federal government and many provinces have enacted legislation giving recognition to electronic signatures, although, in some cases, certain documents (such as wills, trusts, powers of attorney and land transfers) cannot be signed electronically.

There is no IP regulation regarding electronic signatures.

Law 19.799 on Electronic Documents deems electronic signatures valid, whenever they are issued by certified electronic signatures providers.

According to Chilean Law, there are 2 valid electronic signature types: Simple Electronic Signature (FES) and Advanced Electronic Signature (FEA). Advanced electronic signatures must be certified by an accredited provider and have been created using means that the holder keeps under their exclusive control, so that it is linked only to the holder. Both are valid and certify the identity of the signatory, and other information such as the date or content of the document, depending on the type chosen.

Use and enforcement of electronic signatures are primarily governed by the PRC Electronic Signature Law. As a general principle, electronic signatures can be used in documents in most types of civil activities, and such signatures will not be considered unenforceable solely because they are in electronic form, with the following exceptions:

• Documents concerning personal relations such as marriage, adoption, succession, etc.;
• Documents concerning termination of water supplies, heat supplies, gas supplies or other public utility services; and
• Other documents that are subject to restrictions regarding the use of electronic signatures as provided in applicable laws and administrative regulations.

As long as an electronic signature can be proven to meet the following conditions for "reliable" electronic signatures, it has the same effect as a wet-ink signature:

• When the creation data of the electronic signature are used for electronic signature, it exclusively belongs to the signatory;
• The electronic signature creation data is exclusively controlled by the signatory at the time of signing;
• Any subsequent alteration to the electronic signature after the document is signed can be detected; and
• Any subsequent alteration to the content and form of the document after the document is signed can be detected.

That said, a court will usually consider an electronic signature reliable if it is certified by an Electronic Certification Services Provider that is pre-approved by the regulatory authorities in China. If the parties do not choose a pre-approved service provider, then the obligation to prove reliability of the electronic signature falls on the parties.

In practice, the most common types of electronic signatures that have been held enforceable by the courts include:

• Bank card information and password
• USB key to a bank account and password
• Online platform username and password

Decree 2364 dated 2012 establishes that an electronic signature is any method that allows identification of a person regarding a data message provided that it is reliable and appropriate for the purposes it is going to be used.

The electronic signature is reliable when:

• The data that created the signature exclusively corresponds to the signatory and
• It is possible to detect any unauthorized modification to the data message after it has been signed.

An electronic signature is enforceable and has the same effect as an original signature if it is reliable and complies with the purpose for which it is being used.

Electronic signatures are regulated by the Act No. 297/2016 Coll. On Services Creating Confidence for Electronic Transactions, which implements the EU Directive No. 910/2014/EC.

An advanced electronic signature (or "qualified electronic signature") is based on a qualified certification issued by an accredited certification services provider. Advanced electronic signature must be accepted by public administration bodies in the Czech Republic as the equivalent of a person’s handwritten signature.

A document (ie, deed) in the electronic form that bears a qualified electronic signature is fully valid and enforceable and complies with all requirements imposed by the Czech Civil Code on the written form of a legal act.

Some Czech scholars believe that the written form is satisfied in case of a plain email, without an advanced or qualified electronic signature, and that such agreements are valid and enforceable. Such scholars note that, under Section 562 of the Civil Code, the written form is preserved when an act is made in an electronic form or other technical form enabling (i) capturing the subject matter of the act and (ii) determination of the person acting.

However, this position is not generally accepted.

In 2009 Czech authorities introduced the use of a data box for electronic communication between public authorities and individual users (that is, all Czech corporations and all individuals licensed to operate a business activity). A data box is a specific electronic site (uniquely allocated to a respective public authority, individual or corporate entity and password protected), which public authorities must use for delivery of all their communications addressed to those who have their own data boxes, instead of using traditional mail delivery in paper form. Individuals are generally free to decide whether they will send their communications with public authorities using data boxes or by mail or personal filing of paper documents. A document sent through a data box is presumed to be sent by the relevant data box holder and validity and enforceability consequently exist in respect of such communications.

Data boxes are an information system for electronic delivery, allowing for unambiguously identified and authenticated users to deliver a data message including attachments (ie, any digital document) to the recipient and certify that the message has been received and the recipient has read it. The system of data boxes places a great emphasis on the user authentication. This system offers a state-guaranteed secure channel for communication between all users of data boxes, providing far higher quality security than the traditional email communication.

It is possible to sign legally binding documents electronically by use of MitID, Denmark’s eID and personal digital signature. MitID may be obtained by anyone over the age of 15 who has a Danish social security number.

Electronic signatures are generally considered enforceable and equal to traditional handwritten signatures provided that they are made using a sufficiently secure and verified generation device or qualified certificate as stated in the Finnish legislation. As a rule, the generation device or qualified certificate is considered sufficiently secure if it is in accordance with recognized European Union standards or an EEA-located authority appointed for assessing the security requirements has approved it.

The Act on Strong Electronic Identification and Electronic Signatures regulates the requirements and acceptability set for electronic signatures in Finland.

Finnish legislation sets forth certain requirements on strong electronic identification methods (eg, bank identifiers and mobile certificates) that are accepted in public officials, and not all international electronic identification services fulfill these requirements. However, multiple private service providers operating within Finland fulfill the requirements set forth by the applicable legislation.

Under French law, an electronic signature has the same status as a handwritten signature provided that the technology utilized contains reliable means of identification and guarantees the link between the electronic signature and the act to which it is attached.

The reliability of this means shall be presumed when an electronic signature is created, when the identity of the signatory is assured and when the integrity of the act is guaranteed, under the conditions laid down by decree. This is a rebuttable presumption. The French decree 2001-272 dated March 30, 2001 defines 3 conditions of reliability:

• A secure electronic signature
• Created by a secure signature creation device and
• The signature verification is based on the use of a qualified electronic certificate.

The choice of an electronic signature solution shall therefore take into consideration both technical and legal aspects of the relevant jurisdictions.

The European Parliament and the Council adopted Regulation (EU) No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation) on July 23, 2014. The eIDAS Regulation – which creates a directly applicable and comprehensive legal framework for both electronic identification and authentication services – is in force since July 1, 2016. It abrogates and replaces the former Electronic Signatures Directive, dated 1993, which had been the basis for the construction of the French law on electronic signatures, via a complex set of legal texts.

In terms of inputs, the regulation notably introduces a distinction between 3 types of signatures: "basic/standard," "advanced" and "qualified" signature. Clarification is, however, still expected as to the interrelation of these new types of signature with the pre-existing French definition of "e-signature."

On November 8, 2023, the European Commission endorsed the provisional political agreement of the European Parliament and the Council of the EU including the key elements of the proposal for a legal framework for a European Digital Identity, also called eIDAS 2.0. This new version of the Regulation 910/2014 of July 23, 2014 aims to strengthen security and user confidence in digital interactions within the EU, and to create a digital environment that is both reliable and fluid.

Indeed, with the eIDAS 2.0 Regulation, it will now be possible to have a unique and recognized means of identification within the European Union. This will apply not only to identity documents, but also to all attributes (such as nationality, age or marital status) used to authenticate a person remotely.

As a general rule, electronic signatures are legal, admissible and enforceable under German law. There are no formal requirements for a contract to be valid, unless explicitly mandated by law or agreed upon between the parties.

If written form is prescribed by law, the document must be signed by the issuer with their handwritten signature pursuant to Section 126 (1) of the German Civil Code (Bürgerliches Gesetzbuch, BGB). The written form may be replaced by electronic form unless the law explicitly requires the written form (see Section 126 (3) BGB). If the written form shall be replaced by electronic form, the issuer must add their name to such declaration and provide the electronic document with a qualified electronic signature (QES) in accordance with Regulation (EU) No. 910/2014 of July 23, 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation) and the German Act on Trust Services (Vertrauensdienstegesetz, VDG).

Thus, the QES is a specific category of electronic signatures that have a specific legal effect in accordance with European electronic signature rules. In fact, the eIDAS Regulation is directly applicable in all Member States and mainly differentiates between 2 forms of electronic signatures: the advanced electronic signature and the QES, subject to stricter legal requirements and highest technical security standards.

Article 25 (2) of the eIDAS Regulation explicitly states that a QES shall have the equivalent legal effect of a handwritten signature unlike advanced electronic signatures. Furthermore, according to Section 371a (1) of the German Code of Civil Procedure (Zivilprozessordnung or ZPO), private electronic documents that are provided with a QES have the same probative value in legal proceedings as private documents.

To qualify as QES, electronic signatures require qualified certificates that are created by specifically certified devices (so-called qualified electronic signature creation devices) that need to be certified by appropriate public or private bodies (qualified trust service providers).

However, when German law does not impose the written form or any other specific form of signature, any type of signature can be used – that is, even a simple electronic signature as regularly used in business email correspondence.

Electronic signatures are, in most circumstances, recognized and enforceable in Hong Kong. The Electronic Transactions Ordinance (Cap. 553) recognizes the validity of contracts which have been concluded electronically, with some exceptions (such as wills, documents required to be attested under law, such as powers of attorney, negotiable instruments, and contracts relating to land). Where a signature is required under law, as long as the method used is reliable and appropriate and provided that the parties agree to conclude the contract electronically, the contract concluded electronically will have the same effect as a contract signed by hand. For contracts being entered into with or on behalf of government entities, only a digital signature (ie, a secure form of electronic signature supported by public key infrastructure technology) supported by a recognized digital certificate will satisfy the requirements of the Electronic Transactions Ordinance.

To facilitate the implementation of e-Government services by government bureaus and departments, there was a legislative proposal to amend the Electronic Transactions Ordinance on June 13, 2022. The proposed amendments will allow service of documents by registered post to be satisfied by the service of an electronic record. Government bureaus and departments could satisfy service of documents by registered post through electronic means and submission of multiple physical copies of documents by a single electronic copy.   The Electronic Transactions (Amendment) Ordinance 2024 was passed in January 2024.

The eIDAS Regulation, Regulation (EU) No 910/2014 of the European Parliament and of the Council of July 23, 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC provides that electronic signatures can be either advanced electronic signatures or qualified electronic signatures.

Procedural acts regulate the enforceability of electronic signatures, such as Act No. 130 of 2016 on the Code of Civil Procedure.

In line with the eIDAS Regulation,

Advanced electronic signature shall mean an electronic signature that meets the following requirements:

1. It is capable of identifying the signatory,
2. It is uniquely linked to the signatory,
3. It is created using electronic signature creation data that the signatory can, with a high level of confidence, use under their sole control,
4. It is linked to the data signed therewith in such a way that any subsequent change in the data is detectable.

A qualified electronic signature shall mean an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures.

Under Hungarian laws, documents signed with qualified electronic signatures and advanced electronic signatures with electronic time stamps meet the requirements of written form, thus documents signed with these types of electronic signatures are considered as made in writing. Furthermore, documents certified with a solution provided by the Hungarian State (the so-called AVDH authentication) also meet the requirements of written form. It shall be noted that, in certain legal areas (such as real estate, and company law) electronic documents containing legal statements made in text form will be considered as written documents in the context of real estate, inheritance, family law and corporate law. Additionally, for financial institutions, Hungarian laws allow for additional possibilities to create electronic documents made in written form.

In addition to the above rules on the validity of documents signed with electronic signatures, procedural laws establish the evidencing powers of documents signed electronically. Accordingly, under the Code of Civil Procedure, if an electronic document is signed by (i) a qualified electronic signature or seal or (ii) advanced electronic signature or seal based on a qualified certificate, such document shall be considered a ‘private document with full probative force.’ A private document with full probative force shall, until proven otherwise, have full probative value verifying that the signatory has in fact made or accepted the statement it contains, or undertakes to consider themself bound by such statement.

The IT Act and the Evidence Act recognize the validity of electronic signatures. While, under the IT Act, a valid and enforceable digital signature is required to be issued by an approved certifying authority in the manner prescribed under the Information Technology (Certifying Authorities) Rules, 2000 (Certifying Authority Rules), in practice, as long as the following conditions are met, an electronic signature would be considered valid and secure:

1. It is unique to the signatory
2. It can identify the signatory
3. It is created in a manner or using a means that is under the exclusive control of the signatory
4. It is linked to the electronic record to which it relates in such a manner that, if the electronic record were altered, the digital signature would be invalidated
5. The information or matter to which it relates is rendered or made available in an electronic form and
6. The information or matter is accessible so as to be usable for a subsequent reference

Section 10A of the IT Act clearly states that contracts formed through electronic means are valid and enforceable before a court of law in India. It provides that where a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances are expressed in electronic form or by means of an electronic record, such contract will not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose.

Initially, section 1(4) of the IT Act, read with the First Schedule of the IT Act, excluded the applicability of the IT Act to negotiable instruments (other than cheques), power of attorney, trust, wills and other testamentary disposition, as well as contracts for sale or conveyance of immovable property or any interest in property. Therefore, while electronically executed documents were recognized in India, the abovementioned documents could not be executed via digital or e-signature and, instead, had to be physically executed. Pursuant to an amendment to the First Schedule of the IT Act, the following documents may now be executed via digital or e-signature:

(a)    Demand promissory notes and bills of exchange issued in favor of or endorsed by an entity regulated by the RBI, National Housing Bank (NHB), SEBI, Insurance Regulatory and Development Authority of India (IRDAI) and Pension Fund Regulatory and Development Authority (PFRDA)

(b)   Power of attorney that empowers an entity regulated by the RBI, NHB, SEBI, IRDAI and PFRDA to act for, on behalf of, and in the name of the person executing them and

(c)    Contracts for sale or conveyance of immovable property or any interest in property

Electronic signature is further regulated under Government Regulation Number 71 of 2019 on the Implementation of Electronic Systems and Transactions (GR 71/2019).

Article 1 paragraph (12) of EIT Law defines an electronic signature as a signature that contains electronic information that is attached, associated or related with other electronic information that is used for means of verification and authentication. Article 60 paragraph (1) of the GR 71/2019 stipulates that the function of electronic signatures is to authenticate and verify:

• The identity of the signatory
• The completeness and authenticity of the electronic information

Furthermore, Article 59 paragraph (3) of GR 71/2019 stipulates that electronic signatures in Indonesia will have legal force and legal effect to the extent satisfying the following requirements:

• The electronic signature formation data shall be associated only with the signatories.

• The electronic signature formation data at the time of signing shall only be under the authority of the signatory.
• Any alterations to the electronic signature occurring after the signing can be known.
• Any alterations to the electronic information related to the electronic signature occurring after the signing can be known.
• There are certain methods adopted to verify the identity of the signatory.
• There are certain methods to demonstrate that signatory has granted its consent to the associated electronic information.

Pursuant to Article 60 paragraph (2) of GR 71/2019, electronic signature recognized in Indonesia includes the following types:

• The certificated electronic signature (made by using electronic certification service provider and can be proven with electronic certificate) and
• The non-certificated electronic signature (made without using electronic certification service provider)

Article 64 of GR 71/2019 also provides that, in Indonesia, before an electronic signature is used, the electronic signature operator shall be obligated to verify the identity of the signatory by way of:

• The signatory providing its identity to the electronic signature provider.
• The signatory registering with the operator or supporting service of the electronic signature.
• If necessary, the electronic signature operator discreetly transferring the identity of the signatory to the other operators or supporting service of the electronic signature with the signatory's consent.

The Electronic Commerce Act 2000 governs the use of electronic signatures in Ireland.

An electronic signature may be used provided the person or body to whom the signature is addressed consents to the use of the electronic signature. Where a signature to a document needs to be witnessed or where a seal is required to be affixed to a document, certain additional requirements apply including the requirement that an advanced electronic signature is used. Where the recipient is a public body, any information technology or procedural requirements imposed by that body must be complied with. There are also a number of exceptions under Irish law where an electronic signature may not be used such as:

• Wills
• Codicils
• Trusts
• Enduring powers of attorney
• Documents under which an interest in real property is created, acquired, disposed of or registered, sworn affidavits and
• Documents requiring a "wet ink" signature under law (such as prescriptions)

Under contract law, electronic signatures may have legal effect and be admissible as evidence in legal proceedings and are recognized as the functional equivalent of handwritten signatures.

Generally, Israeli law recognizes electronic signatures, except for certain inheritance-related documents that cannot be electronically signed. The Electronic Signature Law, 5761- 2001 (“ESL”), as amended in February 2018, expressly states that a signature will not be deemed inadmissible solely because it is an electronic signature – in other words, simple electronic signatures, eg, copied and pasted PDF signatures or click-through consents, are now prima facie acceptable for evidentiary purposes (for the sake of clarity, they have always been sufficient for contractual purposes). Until the 2018 amendment, the ESL only recognized the admissibility of 2 types of electronic signatures – secure and certified – both of which are required to comply with stringent technological and bureaucratic standards, as detailed below.

An electronic signature is defined as a signature that is electronic data or an electronic sign that is attached to or associated with an electronic message.

A secure electronic signature should comply with the following requirements:

1. It is unique to the owner of the signing device (ie, a unique software, unique object or unique information required for producing a secure electronic signature);
2. It allows apparent identification of the owner of the signing device;
3. It has been created using a signing device that is under the sole control of the owner of the signing device;
4. It allows detection of any change to the electronic message subsequent to signing.

A certified electronic signature is a secure electronic signature where the signing device used to produce it has been verified by a registered certification authority. There are 2 certification authorities in Israel: 

Personal ID Ltd. (www.personalid.co.il) and Comsign Ltd. (www.comsign.co.il).

An electronic signature is presumed to be secure if it complies with certain technological and technical criteria (eg, if it is produced using a key based on an accepted standard that uses an RSA or DSA key that is at least 1,024 bits long or an elliptic curve DSA key which is at least 160 bits long).

Prior to the 2018 amendment, any signature that was required by law had to be either a manual signature or a certified electronic signature. The amended ESL now allows the use of simple or secure electronic signatures in almost all cases where a document is required to be signed by law, provided the type of signature used is adequate to fulfill, to a sufficient degree of certainty, the purposes of such requirement. While this somewhat vague standard has not yet been fleshed out by the courts, the Israeli Ministry of Justice has published a document regarding electronic signatures, in which it clarifies that to examine such standard, one should: (a) identify the purposes behind the legal requirement; (b) examine the level of certainty required and the possible consequences of not fulfilling the objectives (which should be assessed on a case by case basis); and (c) choose the electronic signature that best addresses these issues.

The ESL deals with the evidentiary aspects of electronic signatures in Israel, but it is not the only piece of legislation dealing with the use of electronically signed documents, and there is no comprehensive list of such items. Various rules and regulations govern specific uses of electronically signed documents, eg, notarization and certifications, certain documents related to anti-money laundering and terror financing, etc. Certain government agencies may still not accept electronically signed documents or filings (eg, the Companies Registry, tax authorities) and sector-specific regulators (eg, banking, insurance) may impose their own rules on the use of electronic signatures (that apply to entities subject to their authority), although this tendency is constantly tending toward more flexibility with the advance of technology (and even more so as of the COVID-19 pandemic and the significant rise in the usage of electronic alternatives.

• From a practical point of view, the use of electronic signatures may be impossible or inadvisable in the following instances: Some companies and organizations, eg, insurance companies, still express a somewhat strong preference for manual signatures (even if an electronic signature is sufficient from a legal perspective), although some of them demonstrate more flexibility regarding the subject (as determined by the internal policy of the specific entity in question).
• (If the other party to the contract to be signed is known to be problematic for some reason (for instance, they have challenged contracts in the past), or if the ability to prove the validity of the contractual undertaking is of particular importance, it would be preferable to obtain a manual signature or a secure or certified electronic signature (despite the fact that a "simple" electronic signature would suffice) to avoid potential claims regarding validity or proper execution of the document in question).

Legislative Decree 7 March 2005, No. 82 (the Digital Administration Code or CAD), as lastly amended by the Legislative Decree 13 December 2017, No. 217, refers to the eIDAS Regulation 910/2014 providing – together with the eIDAS Regulation – a twofold legal regime for simple electronic signatures, and for advanced, qualified and digital electronic signatures. Indeed,

• The suitability of an electronic document signed with a simple electronic signature (SES) to meet the requirement of written form and its probative value shall be freely assessed by the court, in relation to the safety, integrity and immutability of its features.
• On the contrary, the electronic document meets per se the requirement of written form (be it for its validity or only for its probative value) when it is signed by way of a digital signature, another type of qualified electronic signature or an advanced electronic signature (so-called “strong” electronic signatures), or when it is created, following the electronic identification of its author, through a process meeting the requirements set by the Italian Digital Authority.

With specific reference to the latter modality of signature, on February 13, 2020, the Italian Digital Authority adopted the “Technical rules for the electronic signature of documents pursuant to Art. 20 of the CAD,” setting out technical rules that regulate the way in which service providers (both public and private) can use citizens’ Public Digital Identity System (SPID) to make them “sign” electronic documents. The SPID is specifically aimed at enabling the execution of documents in the relationship with public authorities.

Act No. 102 as of 2000 on Electronic Signatures and Certification Business (Act) provides details regarding the enforceability of electronic signatures of individuals. Under the Act, documents with electronic signatures that meet certain requirements are acknowledged as authentically created by the signatories and are admissible as evidence in civil litigation. Electronic signatures are also available for corporations. Electronic signatures have been used in both public and private sectors in Japan, such as tax filings, biddings and commercial transactions.

Until mid-2016, the use of electronic signatures in the European Union was governed by Directive 1999/93 on a Community framework for electronic signatures (E-Signature Directive) as transposed into the national laws of 28 Member States of the European Union.

The Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (eIDAS Regulation) was adopted in July 2014 and has been effective as of July 1, 2016. This eIDAS Regulation aims to provide more predictable regulatory environment and is directly applicable in all Member States of the European Union without having to be transposed in national legislation.

On November 8, 2023, the European Commission endorsed the provisional political agreement of the European Parliament and the Council of the EU including the key elements of the proposal for a legal framework for a European Digital Identity, also called eIDAS 2.0. This new version of the Regulation 910/2014 of July 23, 2014 aims to strengthen security and user confidence in digital interactions within the EU, and to create a digital environment that is both reliable and fluid.

Indeed, with the eIDAS 2.0 Regulation, it will now be possible to have a unique and recognized means of identification within the European Union. This will apply not only to identity documents, but also to all attributes (such as nationality, age or marital status) used to authenticate a person remotely.

Electronic commerce and electronic signatures are recognized and regulated by Mexican law for private transactions; electronic methods may be used for commercial acts and their formation and consent may be expressed through electronic methods. The electronic signature is any electronic data comprised in or attached to a data message used in order to:

• Identify the signatory in connection with the data message and
• To indicate that person's approval of the information contained in the data message.

The electronic signature produces the same legal effects as the handwritten signature, and it is admitted as evidence in court.

Mexican law does not limit or restrict electronic signatures to a particular format or tool. However, the data message shall contain information regarding the name of the signatory in order to create a connection between the person and the electronic signature.

Pursuant to the provisions set forth in Article 93 of the Commerce Code, any commercial act required to be signed by the corresponding parties pursuant to the applicable laws may be signed electronically through an electronic signature as long as such electronic signature is attributable to the relevant parties and/or signatory persons. Furthermore, the information contained in the relevant data message shall be entirely conserved and kept as available for subsequent consultation.

An electronic signature may be considered advanced:

• When the signature is exclusively in control of the signatory person and
• When any modification to the original data message or electronic signature may be identified (eg, the password-protected identification form or digital fingerprint), pursuant to the opinion issued by a certification agent in e-commerce matters.

Pursuant to Dutch law, agreements are concluded by means of an offer and acceptance thereof. Agreements are generally valid if legally competent parties reach an agreement (irrespective of whether the agreement is concluded verbally, on physical paper or electronically). Electronic signatures are no different from handwritten signatures from an enforceability perspective. If the validity of a signature – whether electronic or not – is contested, the underlying agreement cannot serve as evidence of the agreement reached as long as the origins of the signature is not proven. For electronic signatures, this risk can be mitigated through the use of so-called "qualified electronic signatures" as defined in the Electronic Identification and Trust Services Regulation 2014 (Regulation (EU) No 910/2014 (eIDAS Regulation).

Generally, commercial agreements can be concluded by means of a simple electronic signature (without authentication). Some contracts must be concluded in writing, such as the sale of a house to a non-professional party. Such contracts can also be concluded by electronic means, provided that all of the following requirements are met:

• The contract is and remains accessible for the parties
• Authenticity of the contract is sufficiently guaranteed (by electronic signature)
• Moment on which the contract was formed can be determined with sufficient certainty
• Identity of the parties can be assessed with sufficient certainty

Deeds that create or transfer rights in real estate require the involvement of courts, public authorities or professions exercising public authority and cannot be concluded electronically.

A legal requirement for a signature will generally be met by means of an electronic signature if that signature adequately identifies the signatory and their approval of the information to which the signature relates, and is as reliable as is appropriate given the context and the purpose for which the signature is required.

Electronic signatures in Nigeria are valid and binding in respect of the purchase of goods and any other transactions. However, certain transactions by law are excluded from the use of electronic signatures. They include the creation and execution of testamentary documents, death certificates, birth certificates, matters under family law, official judicial documents, cancellation or termination of utility services, instruments required to accompany the transportation and handling of dangerous materials that are either solid or liquid.

Norwegian general contract law is based on the principle that all agreements are binding irrespective of the form they are entered into. Norway has implemented the eIDAS regulation through the Act on dated 15.6.2018 No. 44.

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The E-Commerce Act provides for the rules to recognize the authenticity and reliability of electronic documents that are used to facilitate electronic transactions and allows electronic documents to have the same legal affect, validity or enforceability as any other document or legal writing. The E-Commerce Act also grants electronic signatures on an electronic document the same legal standing as the signature of a person on a written document if that signature is proven through a prescribed procedure such that the signature is unalterable by those who have an interest in the electronic document.

Under the E-Commerce Act, an electronic document refers to information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically. On the other hand, an electronic signature refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document.

The E-Commerce Act qualifies that, when another law requires a document to be in writing, such requirement is complied with by an electronic document as long as the same maintains its integrity and reliability, and it can be authenticated so as to be usable for subsequent reference.  To assess the electronic document’s integrity, it must remain complete and unaltered, save only any endorsement, authorized change or change that arises in the normal course of communication, storage and display.

Further, when another law requires a document to be presented or retained in its original form, an electronic document is considered compliant if (1) there exists a reliable assurance as to the integrity of the document from the time it was first generated in its final form, and (2) it is capable of being displayed to the person to whom it is to be presented.

The Rules on Electronic Evidence provide that an electronic signature is admissible in evidence as the functional equivalent of the signature of a person on a written document as long as it is authenticated by:

1. Evidence that a method or process was utilized to establish a digital signature and verify the same
2. Any other means provided by law or
3. Any other means satisfactory to the judge as establishing the genuineness of the electronic signature.

Under Polish law, the following legal acts regulate electronic signatures: EU Regulation No. 910/2014 (eIDAS Regulation) and the Polish Acton Trust Services and Electronic Identification.

In the light of the eIDAS Regulation, there are 2 forms of electronic signatures:

• Advanced electronic signature – an electronic signature that meets the requirements set out in Article 26 of the eIDAS Regulation:
  • It is uniquely linked to the signatory.
  • It is capable of identifying the signatory.
  • It is created using electronic signature creation data that the signatory can, with a high level of confidence, use under his/her sole control.
  • It is linked to the data signed therewith in such a way that any subsequent change in the data is detectable.

According to Article 26 of the eIDAS Regulation, advanced electronic signatures may be used in public online services if an EU member state requires an advanced electronic signature to use an online service offered by, or on behalf of, a public sector body. In Poland, there are several specific regulations requiring the use of an advanced electronic signature within such public online services (such as customs law, etc.).

• Qualified electronic signature – an advanced electronic signature that is created by a qualified electronic signature creation device and is based on a qualified certificate for electronic signatures. According to Article 25 of the eIDAS Regulation, a qualified electronic signature has the equivalent legal effect of a handwritten signature.
  
  Under the Civil Code, a declaration of intent made in electronic form (a declaration of intent with a qualified electronic signature should be treated as such) should be tantamount to a declaration of intent made in written form. A company is able to issue a qualified electronic signature if it is included in the Trusted List of qualified trust service providers which every EU member state maintains pursuant to Article 22 of the eIDAS Regulation.

The general rule under Polish law (ie, when no specific form is required by a specific legal provision) is that agreements may be concluded with any kind of electronic signature (including a signature that is neither advanced nor qualified, such as an e-mail signature). If written form is mandatory, a qualified electronic signature should be used because only this type of electronic signature has the equivalent legal effect of a handwritten signature. Agreements which require the form of a notarial deed cannot be concluded in electronic form (even with a qualified electronic signature).

Therefore, if a specific form (eg, written or notarial deed) for a particular contract is not required by the law, the contract may be concluded with any kind of electronic signature (ie, the signature does not need to be advanced or qualified in the meaning of eIDAS Regulation to be valid).

According to Portuguese law, a qualified electronic signature is equivalent to an autographic signature in paper documents. An electronic document shall only be deemed to be signed for purposes of evidence where it meets the requirements set by the law on electronic signature and certification.

Law no. 455 of July 31, 2001 regarding electronic signatures grants  qualified extended signatures the same legal standing as pen-and-paper signatures subject to the fulfillment of several conditions. To this end, a qualified extended signature is an extended electronic signature meeting the conditions stated below and based on a qualified certificate and created by a secure-signature-creation device:

• Uniquely linked to the signatory
• Capable of identifying the signatory
• Created by means solely under the control of the signatory party and
• Linked to the data signed therewith in such a way that any subsequent change in the data is detectable

The requirements for electronic signatures (ES) in Russia are regulated by Federal Law "On the electronic signature" dated April 6, 2011 (ES Law). Under the ES Law, the electronic signature made on an electronic document is equivalent to a handwritten signature on an ordinary paper document. The electronic signature technically represents a number of symbols attached to an electronic document that is being signed and that identifies the signatory.

There are 2 types of the electronic signatures:

• Simple electronic signature and
• Enhanced electronic signature.

Depending on the level of encryption protection, enhanced electronic signatures may be "unqualified" or "qualified."

A simple electronic signature is an electronic signature formed using codes, passwords and other means that confirm the formation of the electronic signature by a particular person. As opposed to unqualified and qualified enhanced electronic signatures, a simple electronic signature is not produced by a certification center.

The ES Law states that any electronic message signed with a simple electronic signature is deemed to have the same legal effect as a paper document signed by hand, provided that:

1. The parties have expressly agreed to use electronic signatures when exchanging messages through the relevant electronic messaging system
2. Rules established in the relevant electronic messaging system for use of electronic signatures are complied with

• The electronic message contains information regarding the person on behalf of whom the electronic message was generated and/or sent and
• The parties' agreement on exchanging messages through an electronic messaging system must at least also contain provisions related to:
  • Identification of a person signing electronic messages based on its simple electronic signature and
  • The parties' obligation to keep the means for generating the simple electronic signature (eg, codes, passwords) confidential.

An enhanced electronic signature is produced by certification centers (accredited certified centers in case of qualified electronic signatures) and shall be used in documents which require a seal. The enhanced electronic signature is more highly protected compared to the simple electronic signature, and its validity is subject to control by relevant certification centers. Enhanced electronic signatures are created by cryptographic processing of information by an electronic signature key, and they help to identify the person that signed the document or made changes to such document.

The qualified type of enhanced electronic signature is even more highly protected, and it has a specific qualifying certificate created by means approved by the competent state authority. The qualified type of enhanced electronic signature is produced by certified centers accredited by the Ministry of Telecom and Mass Communications of the Russian Federation. The Ministry keeps a register of qualified electronic signatures that can be accessed to verify such electronic signature.

The Electronic Transactions Law (ETL), issued by Royal Decree No. M/8 and dated 26 March 2007, provides guidelines for the use of electronic transactions (defined broadly as "any exchange, communication, contracting or other procedure, performed or executed, wholly or partially, by electronic means") and electronic signatures (defined as "electronic data included in, attached to or logically associated with an electronic transaction used to verify the identify and approval of the person signing it and to detect any change to the transaction after signature"). The ETL in principle recognizes the legal effect of "electronic signatures" provided that certain conditions, requirements and specifications are met under the ETL and its Implementing Regulations (No. 1/1429 and issued on 18 March 2008). There are a number of documents and transactions to which the ETL does not apply (for example, transactions relating to personal status law, amongst others).

As there is no system of precedent and cases are not published as a matter of course, the extent to which a KSA court would enforce an electronic signature is uncertain, particularly if the veracity of such signature is challenged. Depending upon the circumstances, it may be prudent to have contracts/documents also physically signed on paper by the relevant parties.

Electronic signatures are, in most circumstances, legally recognized and enforceable in Singapore. Save for excluded matters set out in the First Schedule of the Electronic Transactions Act 2010 (such as wills, and contracts relating to land), an electronic record or signature will not be denied its legal effect, validity or enforceability solely  by virtue of the signature being electronic. Where a signature is required under law, that requirement is satisfied in relation to an electronic record if a method is used to identify that person and indicate his intention in respect of the information contained therein and the method used is either:

• reliable for the purpose of the electronic record, considering all the circumstances; or
• proven in fact to have identified the person and indicate his intention in respect of the information contained therein.

Under the Amendment Act, the use of electronic records and electronic signatures (subject to certain conditions being met) for negotiable instruments, bills of lading and other transferable documents is now permitted.

Under Slovak Act No. 272/2016 Coll. on Trust Services for Electronic Transactions in the Internal Market (Trust Services Act), as amended, a qualified electronic signature is an advanced electronic signature that is created by a qualified electronic signature creation device and which is based on a qualified certificate for electronic signatures.

With a qualified electronic signature, it is possible to electronically carry out legal acts, which require a written form (ie, such electronic signature in this case replaces the written form of a handwritten signature). Due to this, its usage is necessary in some acts performed within the communication with public authorities and the commercial sector.

Qualified electronic signature of an electronic document secures:

• Authenticity (ie, the identity of the subject creating the signature may be unambiguously verified)

• Integrity (ie, it can be demonstrated that, after the signing the document, there was no intentional or unintentional change in the content of the document as it was at the time of signing the document)

• Indisputability (ie, the author cannot claim that they did not create the signature of the electronic document)

Slovak Act No. 305/2013 Coll. on the Electronic Form of Governance Conducted by Public Authorities (Act on e-Government), as amended, stipulates that, if a legal act is performed under the law in an electronic form or if a special regulation requires a handwritten signature, the person who is not a public authority shall carry out the authorization of such legal act by means of a qualified electronic signature.

The Electronic Signature Act provides that an electronic signature chosen as agreed to between the parties or pursuant to an applicable law has the same effect as a handwritten signature. An electronic signature cannot be denied legal effect or enforceability as a signature simply because the signature is in an electronic form.

The use of electronic signatures is no longer governed by Electronic Signature Act 59/2003, which has been replaced by Law 6/2020 regulating some matters related to electronic trust services. EU Regulation (eisDAS) 910/2014 of the European Parliament and of the Council regulating e-signature matters applies within the EU territory from July 1, 2016.

There are different types of electronic signatures:

• Simple electronic signature (ie, data in electronic form which is attached to or associated with other electronic data and which serves as a method of authentication).
• Advanced electronic signature, which is:
  • Capable of identifying the signatory
  • Uniquely linked to the signatory
  • Linked to the data signed there with in such a way that any subsequent change in the data is detectable and
  • Created using electronic signature creation data that the signatory can use under their sole control.

• Qualified electronic signature (ie, an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures).
  • A qualified electronic signature has the equivalent legal effect of a handwritten signature.

Swedish general contract law is based on the principle that all agreements are binding irrespective of the form they are entered into, unless mandatory laws specifically provide that a document must be signed in person. Hence, the use of electronic signatures is generally accepted. Certain specific requirements – for example, the requirement that the electronic signature shall meet the requirements of an advanced electronic signature in accordance with the EU eIDAS regulation – may apply.

Because most contracts under Swiss contract law do not require a specific form, generally the parties may validly execute contracts by exchanging  consensual expressions of will in an electronic form, provided that the parties and the contents of their respective expressions are determinable. This also applies in relation to choice-of-law provisions or jurisdiction and arbitration clauses, as far as the latter are based on electronic communication that can be evidenced in text form.

In addition, Swiss law provides for and recognizes a technical procedure which makes it possible to guarantee the authenticity of a document or an electronic message and to ensure the identity of the sender (so-called electronic signature). The procedure is based on a certification infrastructure managed by 3rd party providers.

If such 3rd-party provider is further approved by an appointed authority, the issued so-called qualified electronic signatures are treated as equal to wet-ink signatures. Thus, the procedure may be used for contracts that by law require a handwritten form.

Except as otherwise specifically provided for under Taiwan law, electronic signatures are generally recognized and enforceable in Taiwan as long as the parties concerned agree to conclude the contract electronically; the content of the contract can be presented in its integrity and remains accessible for subsequent reference; and the electronic methods used to conclude the contract meet the requirements of the Electronic Signatures Act.

Electronic signatures are regulated by the Law of Ukraine “On Electronic Trust Services” dated October 5, 2017, which came into force on November 7, 2018. The law is aimed at harmonization of Ukrainian legislation with EU regulations on this subject.

Effective Ukrainian legislation distinguishes simple, advanced and qualified electronic signatures. Only qualified electronic signatures have the same legal standing as handwritten signatures.

The qualified electronic signature is a type of the electronic signature generated in result of cryptographic transformation of a set of electronic data to which this electronic signature relates, using the personal key uniquely associated with the signer, and which enables the electronic identification of the signer and detection of a violation of the integrity of the electronic data associated with the electronic signature; a qualified electronic signature is based on a qualified public key certificate that is issued by a qualified trust service provider.

The law provides terms for recognition of qualified electronic signatures provided by foreign suppliers of electronic trust services in Ukraine. Namely, the foreign qualified trust service provider must meet the requirements of Ukrainian legislation, which must be confirmed by the Ministry of Digital Transformation of Ukraine, or the foreign qualified trust service provider must be included in the trust list of the country with which Ukraine has concluded a relevant international treaty. That being said, no such international treaty has been concluded so far. However, as of January 1, 2023,  as a matter of an exception and temporarily (until mutual recognition between Ukraine and the European Union of electronic trust services), the following shall be recognized in Ukraine:

• The results of the provision of qualified electronic trust services provided by European qualified trust service providers (qualified providers of electronic trust services included in the trust list of the Member State of the European Union or a state that is a Member State of the European Free Trade Association).

• The status of European qualified trust services providers which shall be equivalent to the status of qualified electronic trust service providers under the laws of Ukraine.

• The status of qualified electronic signature or seal devices used by European qualified trust service providers and included in the list of certified devices for creating qualified electronic signatures maintained by the European Commission (equivalent to the status of qualified electronic signature or seal under the laws of Ukraine).

• The list of trust lists of European Union Member States, information on which is published by the European Commission.

The use of a simple electronic signature (ie, graphic reproduction of the personal handwritten signature) is permitted only if the parties have agreed in writing about such form of execution of the documents and if they attach the examples of such signatures to the agreement, or the parties have otherwise agreed on the procedure for the use of a simple electronic signature. In other cases, the use of the simple electronic signature may be unenforceable.

Consent and acceptance to enter into a contract may be expressed electronically. Article 17(1) bis. Federal Law No. 10 of 1992 the Law of Evidence in Civil and Commercial Transactions as amended (Law of Evidence) provides that an electronic signature shall be "any electronic signature, any letters, figures, codes, signs, images or sounds having a unique character allowing for identifying the signatory and distinguishing him from others." Article 17(3) provides that electronic signatures may be afforded the same evidential weight as physical signatures if they comply with the provisions prescribed in the Electronic Transactions Law.

The making of electronic contracts online is commonly accepted, and there is no general prohibition at law to using electronic signatures to execute contracts. However, using electronic signatures can be difficult where there is a legislated set of formalities for executing contracts, such as in transactions involving the sale of real property or in the execution of deeds (including a deed of guarantee), and it is still commonplace for these agreements to be executed manually.

An electronic signature is widely defined under the Electronic Communications Act 2000 and can be anything that is incorporated into or associated with any electronic communication or electronic data for establishing the authenticity and/or integrity of that communication or data. Electronic signatures can be in a variety of forms, such as by:

• Typing the signatory's name in an electronic document or email
• Scanning a written signature
• Clicking a button on a website or
• Using a signature made on a screen or entering some other form of digital signature that is unique to the signatory.

Regardless of its form, it must be clear that the electronic signature is authentic and that the signatory intended to be bound by that communication or data.

The Federal ESIGN Act grants electronic signatures the same legal standing as pen-and-paper signatures in transactions affecting interstate and foreign commerce. Certain exceptions under the ESIGN Act include the creation and execution of wills, codicils or testamentary trusts and transactions governed by the Uniform Commercial Code.

At the state level, the Uniform Electronic Transactions Act (UETA) governs business, commercial, consumer and governmental transactions in 47 of 50 states (except Illinois, New York and Washington), as well as the District of Columbia, Puerto Rico and the US Virgin Islands. The UETA contains exceptions similar to those under the ESIGN Act. The states that have not adopted UETA have nonetheless adopted rules that validate and govern electronically signed contracts.