Almost nobody loses an argument over whether an electronic signature counts. Both US and EU law settled that years ago. What people lose arguments over is proving who applied the mark, and whether the document was one the law allowed them to sign that way at all.
Key Takeaways
- The law already accepts the electronic mark. US and EU statutes both forbid refusing a record legal effect just because it is electronic, so the real question is what evidence you can produce later.
- Only the EU grades signatures into tiers. Simple, advanced and qualified carry different legal weight there. US federal law uses a single functional test instead.
- Certain documents are carved out completely. Wills, family-law matters, court filings and eviction notices sit outside the US statute.
- Choose the process by what a dispute would demand, not by vendor name.
A client contract rarely fails because the signature was a drawn squiggle instead of ink. It fails because six months later nobody can show the person who typed that name was the person who held the email account, or because the signed file in the shared drive turns out to be version four and the countersigned copy was version three. Those are evidence problems, and the signing method you pick decides how easy they are to answer.
What an Electronic Signature Actually Is
Both legal systems define it broadly and deliberately.
US federal law calls an electronic signature "an electronic sound, symbol, or process, attached to or logically associated with a contract or other record," adopted by a person who intends to sign it, in 15 U.S.C. § 7006. The EU's definition in Article 3(10) of Regulation 910/2014, known as eIDAS, is "data in electronic form which is attached to or logically associated with other data in electronic form" and used by the signatory to sign.
Read those carefully and you'll notice something: neither says anything about cryptography. A typed name in a form field, a checkbox with a timestamp and a finger-drawn line on a phone screen are all electronic signatures. That breadth is intentional, and it is also why the term tells you nothing about quality.
A digital signature is a narrower thing: a specific cryptographic operation that binds a key to a document hash. It is one technique that can be used to produce an electronic signature, not a synonym for it. If the distinction matters for a procurement form you're filling in, the algorithm side is covered in our walkthrough of the NIST digital signature standard.
The Three Levels EU Law Recognises
eIDAS sorts signatures into three tiers, and the difference between them is identity evidence rather than file format.
| Level | What it establishes | Where it fits |
|---|---|---|
Simple (SES) | A mark was applied with intent to sign | Internal approvals, low-value orders, consent capture |
LevelSimple (SES) What it establishesA mark was applied with intent to sign Where it fitsInternal approvals, low-value orders, consent capture | ||
Advanced (AES) | The mark is tied to an identified signatory and later edits are detectable | Service agreements, NDAs, engagement letters, most B2B contracts |
LevelAdvanced (AES) What it establishesThe mark is tied to an identified signatory and later edits are detectable Where it fitsService agreements, NDAs, engagement letters, most B2B contracts | ||
Qualified (QES) | Identity was checked by a qualified trust service provider using a certified device | Statutory written-form cases, high-value or regulated deeds |
LevelQualified (QES) What it establishesIdentity was checked by a qualified trust service provider using a certified device Where it fitsStatutory written-form cases, high-value or regulated deeds | ||
Article 26 sets four conditions an advanced signature has to satisfy. It must be uniquely linked to the signatory, capable of identifying the signatory, created using data the signer can use with a high level of confidence under their sole control, and linked to the signed data so that any subsequent change is detectable. Those four tests are a usable shopping list. Ask a vendor which of the four their product satisfies and how, and vague answers become obvious quickly.
The qualified tier is the only one the regulation gives automatic parity with ink. Article 25(2) states that a qualified electronic signature "shall have the equivalent legal effect of a handwritten signature," and Article 25(3) makes a qualified signature from one member state recognisable in all the others. Article 25(1) does the heavy lifting for everyone else: a signature cannot be refused legal effect or admissibility as evidence solely for being electronic, or for falling short of the qualified standard.
So a simple signature is admissible. It is simply easier to dispute.
Why the US Model Looks Different
There are no tiers in US federal law. The ESIGN Act takes a functional approach: for transactions in or affecting interstate commerce, a signature, contract or record "may not be denied legal effect, validity, or enforceability solely because it is in electronic form." Most states run a parallel state-level law modelled on the Uniform Electronic Transactions Act.
Because there is no tier to buy into, the burden shifts to the record you keep. In practice three things get tested: that the signer intended to sign, that the signature can be attributed to them, and that the record is retainable and reproducible by everyone entitled to it.
One part of ESIGN trips up client-facing businesses more than the signature rules do. Where another law requires that information be given to a consumer in writing, section 7001(c) only lets an electronic record satisfy that if the consumer affirmatively consented, received a clear and conspicuous statement of their right to a paper copy and to withdraw consent, and was told the hardware and software needed to access and keep the record. Sign consumers without that disclosure sequence and you can hold a perfect signature on a deficient disclosure.
Documents You Still Cannot Sign This Way
ESIGN carves out whole categories in section 7003, and these are not edge cases for a professional services firm. The statute does not apply to the creation and execution of wills, codicils or testamentary trusts, to state adoption, divorce or other family-law matters, or to most of the Uniform Commercial Code (sales and leases under Articles 2 and 2A stay in scope).
Subsection (b) adds more: court orders, notices and official court documents including briefs and pleadings; any notice cancelling utility service such as water, heat and power; notices of default, acceleration, repossession, foreclosure, eviction or the right to cure on a credit agreement secured by a primary residence; cancellation of health or life insurance benefits; product recalls or notices of a material product failure risking health or safety; and documents that must accompany hazardous materials or other dangerous substances in transit.
Europe handles this through form requirements instead of a list. German law is the clearest illustration: under section 126a of the Civil Code, where electronic form is to replace a statutorily prescribed written form, the declaration needs a qualified electronic signature, and in a contract each party must provide a counterpart signed that way. Section 126(3) permits the substitution unless the specific statute points the other way. You can read both in the official English translation of the BGB. That is the real answer to "do we need QES": only where a statute demands written form, which is a short list, not a general standard for commercial agreements.
A Client Contract, Stage by Stage
The useful way to think about signing is as five stages, each producing a specific piece of evidence. Map your current process against them and the gap usually shows up at stage two or stage five.
1. Decide what the document is
Before anything else, classify it. Is this a commercial agreement between businesses, a consumer contract, or a document in one of the excluded categories above? That single question sets everything downstream: whether you need consumer e-disclosure consent, whether a qualified signature is required, and how long you have to keep the record.
2. Verify who is signing
This is where most workflows are thinnest. An email address in a form field is a claim, not a check. A one-time code sent to that address and entered before signing turns the claim into a confirmed record that the holder of the mailbox was present. Stronger options exist, including document-based identity checks through a qualified provider, and they cost more and slow the signer down. Match the check to what the contract is worth.
3. Present the final version and capture the mark
The version the signer sees must be the version that gets sealed. Signing a draft and then substituting the final file is the most common way a process quietly breaks. Working from a locked template rather than a file passed around by email removes the opportunity. meetergo's PDF templates place signature zones on a fixed document, and the forms app can carry a signature field inside the same submission that collects the client's details.
4. Seal the result
After signing, hash the file and store the hash with it. A SHA-256 fingerprint is enough: if anyone edits a single byte later, the hash stops matching and the alteration is visible. This is what Article 26(d) means by subsequent changes being detectable, and it is the cheapest part of the whole chain to get right.
5. Retain so you can retrieve
A signed PDF nobody can find is worth little. Store the document, the audit record and the identity evidence together, against the client record they belong to. Where that storage sits also matters under GDPR, which our guide to GDPR-compliant software covers in more detail.
How to Choose a Signing Process
Three questions settle it in most organisations.
What would a dispute require? Sort your documents into three bands. Internal approvals and low-value confirmations need a mark and a timestamp. Client agreements, NDAs and engagement letters need an identity check plus a tamper seal plus an audit trail. The narrow set of statutory written-form documents needs a qualified signature from a provider on the EU trusted list, which you can check in the European Commission's trusted list browser.
Who is on the other side? Consumers bring the ESIGN disclosure sequence with them. Businesses generally do not. Counterparties in other EU states may expect a specific tier as a matter of internal policy even where the law is satisfied without it.
Where does the signed file need to end up? If signing happens in a tool disconnected from your client records, someone will be filing PDFs by hand forever. If the signature is collected inside the form, booking or portal that already holds the client, the filing happens as a side effect. For a tool shortlist on these criteria, see our breakdown of e-sign software; for the mechanics of signing a file you already have, see how to sign a PDF or Word document.
Where meetergo Fits, and Where It Does Not
meetergo is a scheduling and client-pipeline tool with signing built into it rather than a dedicated signature vendor, which shapes both what it does well and what it won't cover.
Its signature feature, e-signatures, collects the mark inside a form or on a PDF template instead of starting from a file you export and email. With email verification switched on, the signer confirms their address with a six-digit one-time code before signing, and every submission stores a timestamp, the verified email, IP address, browser and a SHA-256 hash of the signed PDF. meetergo documents this as meeting simple electronic signature requirements under eIDAS and ESIGN, with the OTP step and the hash added as evidence on top. Signing can also happen live in a video call or inside a client space, which suits an advisory conversation that ends in an engagement letter.
Two limits are worth stating plainly. meetergo does not sell a qualified electronic signature on its standard plans; a QES arrangement requires an Enterprise configuration, so a statutory written-form document is not a job for the self-serve tiers. And signature volume is capped on the Free and Light plans, with unlimited signing from Suite at €29.90 per month and Premium at €49.90 per month (checked 2026-11-09 on the pricing page). Email verification itself is a Suite-and-up setting. If you sign four contracts a year, none of this justifies a subscription.
Firms where the signature is part of the client intake get the most out of this shape. The legal and professional services pages show that pattern, and the security overview covers where the signed files are stored.
Common Mistakes
Buying qualified signatures you never need. QES is expensive and slow for the signer. Unless a statute demands written form, an identity-verified signature with a tamper seal is the proportionate choice.
Treating a drawn image as the evidence. The picture of a signature proves nothing about who drew it. The verification step and the audit record are what a challenge tests.
Skipping the consumer disclosure chain. A valid signature on a consumer contract whose e-disclosure consent was never collected leaves the disclosure defective, not the signature.
Letting the signed copy drift from the final draft. If the document can still be edited between presentation and sealing, your hash is protecting the wrong file.
Storing the PDF without the audit record. They are one artefact. Separated, the audit trail is the half that goes missing.
Send Your Next Contract With the Evidence Attached
Signing takes seconds. Chasing, filing and then proving it two years later is where the time goes. If your signature sits in the same place as the booking, the intake form and the client record, most of that disappears. Try meetergo's free plan and send one contract through it, no credit card required.
Booking + video conferencing in one tool.
Booking + video conferencing in one tool.
Frequently Asked Questions
Is a typed name at the bottom of an email a valid signature?
It can be. Both the US and EU definitions are broad enough to cover a typed name applied with intent to sign. Whether it survives a challenge is a separate question, and with no verification or tamper evidence behind it, the answer is usually that it survives poorly.
What is the difference between an electronic and a digital signature?
Electronic signature is the legal category. Digital signature is a cryptographic method, based on hashing and keys, that can be used to produce one. Every digital signature is an electronic signature; most electronic signatures are not digital signatures in that technical sense.
Do both parties need to use the same signing tool?
No. Neither statute requires matching software. What matters is that each party's signature is attributable to them and that the final record is retainable by everyone entitled to a copy.
How long should a signed contract be kept?
Longer than you expect, and the period comes from tax, commercial and sector rules rather than from signature law. Commercial retention periods of six to ten years are common in Europe. Decide the period before you choose where the files live.
Can a scanned handwritten signature be pasted into a PDF instead?
Yes, and it is legally valid in both systems. It also records nothing about who pasted it, so it belongs on internal documents rather than anything a counterparty signs.
Does an electronic signature need a witness?
Commercial contracts generally do not require one. Documents that do, such as certain wills and deeds, tend to be the same documents excluded from electronic execution in the first place, so check the specific requirement before designing a flow around it.
