Electronic Signature

An electronic signature, often shortened to e-signature, is a broad legal concept rather than a single technology. Under the laws that govern it, an electronic signature is any electronic sound, symbol, or process that is attached to or logically associated with a record and adopted by a person with the intent to sign that record. The two things that actually matter are the electronic form and the intent. The exact mechanism is almost beside the point: a name typed into a field, a signature drawn with a fingertip on a phone screen, a checkbox next to I agree, or a click of a Sign button can all qualify, as long as the signer meant to sign.

Because the definition is so deliberately technology-neutral, it is easy to confuse an electronic signature with a digital signature, but they sit at different levels. Electronic signature is the legal category that covers the intent to sign in electronic form. A digital signature is one specific cryptographic technique sometimes used to implement and protect a signature: it uses public-key cryptography to bind a signer to a document and to detect any later tampering. Put simply, every digital signature can serve as an electronic signature, but most electronic signatures are not digital signatures. When people say e-signature in everyday business, they usually mean the broad legal act, not the cryptography underneath it.

Electronic signatures are legally recognized in many jurisdictions. In the United States, the federal ESIGN Act of 2000 and the state-level UETA, a 1999 model law adopted by 49 states plus the District of Columbia, with New York relying on its own ESRA statute instead, establish that a signature, contract, or record may not be denied legal effect solely because it is in electronic form. In the European Union, eIDAS, Regulation (EU) No 910/2014, recognizes electronic signatures and defines three tiers of increasing assurance: simple (SES), advanced (AES), and qualified (QES). These frameworks generally let an electronic signature carry the same weight as a handwritten one for ordinary agreements, though some document types are carved out.

Legal recognition is not the same as automatic enforceability. To hold up, an electronic signature usually needs evidence behind it: proof of the signer's intent, consent to do business electronically, a way to attribute the signature to a specific person, and an unaltered record of what was signed. That is why a solid e-signature platform captures a tamper-evident audit trail alongside the signature, recording who signed, when, and from where. The signature is the act; the audit trail is the proof that makes it stand up if anyone ever disputes it. This is general information, not legal advice.

Examples

• Typing your name into a signature field on a contract and clicking Sign.
• Drawing your signature with a fingertip on a phone or tablet screen.
• Clicking an I agree button to accept terms electronically.
• A cryptographic digital signature, which is one specific type of electronic signature.