Overview of eSignature Legality

Electronic Signatures in Global and National Commerce Act (ESIGN Act)

The U.S. Electronic Signatures in Global and National Commerce Act of 2000 was passed in order to better secure and regulate interstate and foreign commerce. The US Federal ESIGN Act defines eSignatures 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."
The law establishes the legal equivalence of electronic signatures and handwritten signatures in the context of electronic commerce, and confirms that electronic signatures have the same legal weight as traditional pen and paper documents.
According to the ESIGN Act, a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation.

Electronic Identification and Trust Services Regulations (eIDAS Regulations)

eIDAS define electronic signatures, “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.”
The eIDAS Regulation defines three different types of electronic signatures that vary in terms of being legally binding and the area of applications:

Simple electronic signature (SES): An electronic signature is defined as "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". Thus, something as simple as writing your name under an e-mail might constitute an electronic signature.
Advanced electronic signature (AES): An advanced electronic signature is an electronic signature which is additionally uniquely linked to and capable of identifying the signatory, created in a way that allows the signatory to retain control, and linked to the document in a way that any subsequent change of the data is detectable.
Qualified electronic signature (QES): A qualified electronic signature is an advanced electronic signature which is additionally created by a qualified signature creation device (QSCD), is based on a qualified certificate for electronic signatures, and it is equivalent to a handwritten signature.

The standard electronic signature (SES) can be used on on certain types of documents, including:

HR documents such as employee onboarding agreements or employee contracts.
Commercial agreements such as non-disclosure agreements, invoices, sales agreements, and service agreements.
Software licensing agreements.
Licenses of intellectual property, including patent, copyright and trademark.

Swiss Federal Law on Electronic Signatures (ZertES Regulation)

ZertES is a Swiss Federal law that regulates the conditions under which trust service providers may use certification services with electronic signatures. ZertES was approved into law on December 19, 2003. The law promotes the use of secure services for electronic certification to facilitate the use of qualified electronic signatures. Under this law, the signatures would be equal to a handwritten signature.
Under ZertES, an electronic signature refers to electronic data that is either attached to or associated to other electronic data, which serves as a means of authentication for that data. The Swiss Federal Council has made international agreements to facilitate the international use of electronic signatures and allow for their legal recognition. Therefore, the council allows that electronic signatures that have been technically implemented as digital standards in eIDAS be accepted.

eSignatures legality in United States

In the United States, electronic signatures are legally enforceable under the Electronic Signatures in Global and National Commerce (ESIGN) Act and the Uniform Electronic Transactions Act (UETA), as long as specific requirements are satisfied. Some of these requirements are:

There must be a legitimate intent to sign by the document signer.
All parties involved must consent to do the signing process electronically.
The electronic signature solution in use must keep an associated record that reflects the process by which the signature was created.
The electronic signature solution in use must accurately reflect the agreement and can be reproduced as required.

eSignatures legality in United Kingdom

Prior to the United Kingdom’s withdrawal from the European Union, the eIDAS regulation had direct effect in the UK. However, on 31 December 2020, eIDAS was incorporated with minor amendments into UK domestic law – now called UK eIDAS. It largely mirrors what eIDAS states on the legality of eSignatures and legally valid eSignatures are enforceable in general business use and cannot be denied admission in court solely on the grounds of not being handwritten.

eSignatures legality in Switzerland

Electronic signatures were legalized in Switzerland on December 19, 2003, when the Federal Law on Electronic Signatures (ZertES) came into effect. ZertES plays exactly the same role as eIDAS and regulates the activities of services for electronic certification and establishes the requirements for each type of electronic signatures. According to ZertES, a standard electronic signature (SES) is data in an electronic form which is used for further authentication of other data in electronic form.

eSignatures legality in Canada

In Canada, electronic signature has the same legal weight as a handwritten signature and each kind of eSignature is equivalent to a physical signature and are fully admissible in courts. Electronic signature in Canada is regulated federally by PIPEDA, the Personal Information and Electronic Documents. The act became in effect in 2004 and defines an electronic signature as a "signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to, or associated with an electronic document."

Overview of eSignature Legality

Legality of eSignatures in United States

Legality of eSignatures in European Union

Legality of eSignatures in United Kingdom

Legality of eSignatures in Switzerland

Legality of eSignatures in Canada