The definition of an electronic signature is broader than just the digital version of a physical, written (or ‘manuscript’) signature.
‘Electronic signature’ refers to a set of data (eg a digitally drawn version of your signature) which is attached to another set of data (eg a PDF document of a contract) for the purpose of signature (ie to form a valid contract or to make another kind of document legally binding, eg a deed). Sets of data that could form an electronic signature include:
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a typed name a the bottom of an email
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Personal Identification Numbers (PIN)
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biometric data (eg fingerprints or face scans)
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clicking buttons on a website (eg a ‘submit order’ button on an e-commerce site)
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a scanned or digitally drawn version of your regular, handwritten signature
This last kind of electronic signature - an electronic version of a traditional handwritten signature - has become widely used for common documents such as tenancy agreements and employment contracts.
Are electronic signatures legally binding?
Electronic signatures are legally recognised in England, Wales and Scotland.
Using an electronic signature can replace the use of a handwritten signature in the usual process of signing and executing a contract or document for many types of documents. As with any traditionally signed contract, signatures can become essentially meaningless if duress, undue influence, misrepresentation or any other issues invalidate the contract itself.
As with traditional signatures, documents like simple contracts (ie contracts which don’t legally require additional requirements to be valid) do not actually need to be signed to be valid. However, signatures can attest to the importance of a contract and may provide evidence of contractual intention or acceptance of the other party’s terms if a dispute were to arise.