GUIDE · E-SIGNATURE LAW · US AND EU
Is an electronic signature legally valid?
For most everyday agreements, yes: a typed or drawn signature on a PDF is a valid electronic signature in the US and the EU. There are exceptions, and some situations call for a stronger kind of signature.
This is a general overview, not legal advice. Rules and exceptions vary by document and jurisdiction; confirm what your counterparty and the applicable law require.
United States: ESIGN and UETA
The federal ESIGN Act (2000) and the Uniform Electronic Transactions Act, adopted by almost every state, say that a signature or contract may not be denied legal effect just because it is electronic. An electronic signature can be a typed name, a drawn signature, an image of a signature or a click, as long as the person adopted it with the intent to sign.
What usually matters in practice:
- Intent to sign: the person meant to sign this document.
- Consent to do business electronically: both sides agreed to use electronic records.
- Attribution: you can show who signed, for example from the email exchange the PDF came with.
- Record retention: the signed document can be kept and reproduced accurately.
Common exceptions include wills and testamentary trusts, many family law documents, court orders, certain notices such as utility shut-offs or eviction, and some documents that must be notarised. Some states add their own.
European Union: eIDAS
The eIDAS regulation defines three levels:
| Level | What it is | Typical use |
|---|---|---|
| Simple electronic signature (SES) | Any electronic data used to sign: a typed name, a drawn or scanned signature | Most business contracts, NDAs, quotes, internal approvals |
| Advanced electronic signature (AdES) | Uniquely linked to and identifies the signer, detects later changes | Higher-value contracts, regulated sectors |
| Qualified electronic signature (QES) | An AdES created with a qualified device and certificate from a qualified trust service | Has the same legal effect as a handwritten signature across the EU; required for some documents |
A simple electronic signature cannot be refused as evidence just because it is electronic, but if it is disputed you may have to show who signed. Some national laws require a QES or a handwritten signature for specific documents, for example certain employment, property or consumer credit documents.
The United Kingdom follows a similar approach: electronic signatures are generally admissible and can satisfy a requirement for a signature, with exceptions for some deeds and registered documents.
Electronic signature vs digital signature
An electronic signature is any electronic mark of intent to sign. A digital signature is a cryptographic technique that binds a certificate to the document and shows if it was changed afterwards. Advanced and qualified signatures use digital signatures; a typed name on a PDF is an electronic signature but not a digital one.
Where Inkmark fits
Inkmark adds simple electronic signatures: typed, drawn or image signatures, initials and dates, placed exactly on the page and exported as a normal PDF. It does not verify identity or add certificates, so it is the right tool for the many documents that accept a simple signature, and the wrong one for documents that require a qualified signature or notarisation.
A quick checklist
- Does the other party accept electronic signatures for this document?
- Is this a document type with a known exception (wills, court filings, some property and family law documents)?
- Do you need proof of who signed beyond the email trail? If yes, use an identity-verified service.
- Keep the signed PDF and the correspondence that came with it.
Questions
Is a signature image pasted into a PDF an electronic signature?
Generally yes: an electronic signature is any electronic mark someone adopts with the intent to sign. Whether it is enough for a particular document depends on the law and on what the other party accepts.
What is the difference between an electronic and a digital signature?
An electronic signature is any electronic indication of intent to sign, such as a typed name. A digital signature is a cryptographic technique, usually certificate-based, that also detects later changes and can identify the signer. Advanced and qualified signatures under eIDAS use it.
Does Inkmark create digital signatures?
No. Inkmark adds simple visual electronic signatures. It does not verify identity or add certificates. Use a qualified trust service when a document requires that.
Is this legal advice?
No. This is a general overview. Ask a lawyer in your jurisdiction about a specific document.