Global eSignature Compliance Guide

With electronic and digital signatures on the rise, organizations can now close deals faster across nations. It is recommended that one needs to have an inkling of all the electronic signature laws across the globe. This guide gives you a great place to start.

The guide covers the electronic signature laws of 30 countries, including all the largest economies. It gives a snapshot of each country’s electronic signature laws in the form of brief summaries. These provide a reference point for determining the scope of an organization’s use of electronic signatures in different jurisdictions. It is not meant to be an exhaustive or detailed legal analysis.

eSignature Facts

The laws around eSignatures originated from the UNCITRAL Model Law on Electronic Signatures (2001) which established the criteria for technical reliability for the equivalence between electronic and hand-written signatures
The laws around eSignatures originated from the UNCITRAL Model Law on Electronic Signatures (2001) which established the criteria for technical reliability for the equivalence between electronic and hand-written signatures
eSignatures generally refer to adopting a signature style or image that visually looks like your handwritten signature while a digital signature refer to the use of cryptographic technique that identifies the user and ensures the document is tamper proof post signing
eSignatures generally refer to adopting a signature style or image that visually looks like your handwritten signature while a digital signature refer to the use of cryptographic technique that identifies the user and ensures the document is tamper proof post signing
eSignatures are generally classified into Simple Electronic Signature, Advanced Electronic Signature or Qualified Electronic Signature or their respective equivalent names in various jurisdictions. The difference between them is the probative value they offer when contracts are presented in court in the case of a dispute
eSignatures are generally classified into Simple Electronic Signature, Advanced Electronic Signature or Qualified Electronic Signature or their respective equivalent names in various jurisdictions. The difference between them is the probative value they offer when contracts are presented in court in the case of a dispute
The usage of digital signatures differ from country to country. Countries such as the USA accept electronic represetations of the hand-written signatures as legally admissible. Other countries such as India require the use of a digital certificate issued by a local Certifying Authority such as eMudhra to be used for legal admissibility.
The usage of digital signatures differ from country to country. Countries such as the USA accept electronic represetations of the hand-written signatures as legally admissible. Other countries such as India require the use of a digital certificate issued by a local Certifying Authority such as eMudhra to be used for legal admissibility.
Digital Signatures can be done typically in two ways, one where a certificate is stored and used in a crypto device which is with the user and the other called Cloud or Remote Signing where the certificate is centrally stored in a secure environment, accessed and used based on secure authentication.
Digital Signatures can be done typically in two ways, one where a certificate is stored and used in a crypto device which is with the user and the other called Cloud or Remote Signing where the certificate is centrally stored in a secure environment, accessed and used based on secure authentication.
Issuance of digital certificates are typically done by Certifying Authorities or Trust Service Providers who have accreditation from local government authorities to verify user identities. Therefore digital signatures typically offer the assurance of legal non-repudiation as signatures are done using verified user identities
Issuance of digital certificates are typically done by Certifying Authorities or Trust Service Providers who have accreditation from local government authorities to verify user identities. Therefore digital signatures typically offer the assurance of legal non-repudiation as signatures are done using verified user identities
While any document can be electronically or digitally signed, typically the following exclusions apply in certain jurisdictions - negotaible instruments, power of attorneys, trust deed, wills and contract for the sale or conveyance of immovable property
While any document can be electronically or digitally signed, typically the following exclusions apply in certain jurisdictions - negotaible instruments, power of attorneys, trust deed, wills and contract for the sale or conveyance of immovable property
Use of electronic or digital signatures are a great way to ensure sustainability, improve customer experience and reduce cost. Its not just the cost of paper but the huge cost associated with moving and storing the paper as well as the people cost in dealing with paper and entering data into other systems.
Use of electronic or digital signatures are a great way to ensure sustainability, improve customer experience and reduce cost. Its not just the cost of paper but the huge cost associated with moving and storing the paper as well as the people cost in dealing with paper and entering data into other systems.
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ABOUT THE GUIDE

The eSignature Legality Guide is the result of legal research into the laws and practices regarding eSignature on a country-by-country basis. Each country-level analysis was conducted by local law firms located in that country, in that country’s local language. This legal analysis was then supplemented with complementary research on eSignature and digital signature technology standards conducted by independent technology experts. Together, this information is provided as a public resource to understand eSignature legality, and clarify some of the common misconceptions about international eSignature legality.

COURT-ADMISSIBLE

A basic measure of eSignature legality in a country is whether courts will admit eSignatures as evidence in court. In most countries in the world, an eSignature cannot be rejected simply because it is electronic, meaning that it should be admissible, subject to proof. Learn more about how DocuSign helps you prove an eSignature validity in court, below.

GENERAL BUSINESS USE

While there are exceptions for very specific types of transactions, eSignatures, independent of the underlying technology, may be used for the majority of general business transactions in most countries. Issues that may restrict general business use include local technology requirements or other restrictions on special transactions types. Learn more about specific transaction types, below.

E-SIGNATURE LEGAL MODEL

‘Tiered’ countries recognize Qualified Electronic Signature (QES, or the locally named equivalent) as a distinct type of eSignature. In these countries, a QES has special legal status in the form of presumed authenticity, and may be legally required for a few, specific transaction types. In spite of this, a non-QES eSignature can still be submitted as evidence in court even in Tiered countries, so long as the party presenting it has sufficient evidence to prove that it is valid. Countries imposing QES standards often struggle to promote electronic business transactions, especially across country borders. ‘Open’ countries have no such technology requirements or eSignature types that receive special legal status. Learn more about eSignature legality at https://www.emsigner.com/

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