Are electronic signatures legal in the United Kingdom?

The statutes

Section 7 of the Electronic Communications Act 2000 makes an electronic signature, and any certification of it, admissible in legal proceedings on any question about a communication's authenticity or integrity. Article 25 of UK eIDAS (Regulation 910/2014 as it now applies in the UK) adds that an electronic signature can't be denied legal effect or admissibility only because it's electronic or isn't qualified, and that a qualified electronic signature has the equivalent legal effect of a handwritten one.

After Brexit the UK dropped article 25's third paragraph, which made a qualified signature from one EU member state count as qualified in all the others. That change took effect on 31 December 2020.

Simple, advanced and qualified

• Simple: a typed name, a drawn signature or a click-to-sign box. Enough for most contracts, if the signer meant to sign.
• Advanced: uniquely linked to the signer, able to identify them, under their sole control and tamper-evident. Scottish formal documents need at least this.
• Qualified: an advanced signature made with a qualified device and certificate from a trust service provider. The only kind UK eIDAS treats as equal to handwriting.

Deeds, land and witnesses

The Law Commission's 2019 report on electronic execution of documents found that an electronic signature is capable in law of executing a document, including a deed, where the signer intends to authenticate it and any formalities are met. A deed still needs its witness physically present when the signer signs; watching over video isn't enough.

HM Land Registry sets its own rules for registrable documents. Its practice guide 82 accepts transfers and charges signed through a conveyancer-certified process (witness physically present, one-time passcodes, a regulated conveyancer controlling the platform) or, for some dispositions, qualified electronic signatures. It doesn't accept a simple electronic signature on a transfer or a legal charge.

What still needs more

• Wills in England and Wales must be in writing, signed and witnessed by two people present at the same time (Wills Act 1837, s. 9). Video witnessing covered only wills made from 31 January 2020 to 31 January 2024.
• Registered land transfers and charges, which need one of HM Land Registry's routes above.
• Scottish formal writing. Where the Requirements of Writing (Scotland) Act 1995 requires writing, an electronic document is valid only if the granter's signature is advanced (SSI 2014/83, reg. 2).

Where SignMaster fits

SignMaster gives you a simple electronic signature, which suits everyday UK paperwork such as service agreements, NDAs, offer letters and supplier terms. It doesn't create advanced or qualified signatures and isn't a Land Registry signing platform. Each completed envelope carries a certificate of completion with every signer's email, IP address and timestamps, and a SHA-256 fingerprint of each file.