Digital signature
Legality guide
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Documents signed with digital signatures are legally valid and hold the same value as a handwritten signature in most regions. All documents signed with Zoho Sign meet the requirements of the Electronic Signatures in Global and National Commerce Act of 2000 (ESIGN) in the United States, the electronic IDentification, Authentication and Trust Services (eIDAS) regulation in the European Union, and the Information Technology Act of 2000 (ITA) in India, along with several other digital signature laws.
We often receive questions from new users about the legality of digital signatures in their country. This guide aims to provide answers to these common questions.
DISCLAIMER
This digital signature legality guide is the result of comprehensive legal research into digital signatures on a country-by-country basis. Though it has been published with the help of our legal team and technology experts, this guide does not constitute official legal advice and should be used for general information purposes only. Please consult a licensed attorney in your region since laws change frequently.
Digital Signature Legality Guide for homepage
What is court-admissible?
This refers to whether documents signed with digital signatures can be submitted as evidence in a court. Nowadays, most countries support digital transactions and digital signatures, but with the consent of the parties involved.
What is a legal model?
A country can either have an open or tiered legal model for digital signatures. Countries with an open legal model don't require any technology standards to receive special legal status for documents signed with digital signatures. This means documents signed with Zoho Sign are automatically considered evidence in a court of law.
Countries with a tiered legal model recognize Qualified Electronic Signature (QES) , or its local equivalent, as a distinct type of digital signature. This means documents signed with QES are presumed authentic and immediately accepted as evidence in court. As such, documents signed with Zoho Sign will also be considered evidence in court along with some kind of proof.
- Country Court- Admissible Legal Model Government Resources
- Australia Yes Open Common law: Electronic Transactions Act
Exclusions for Australia
- Documents that require a notarial process
- Documents related to migration and citizenship
- Statutory declarations requiring a witness
- Powers of attorney in some states
- Bills of exchange
- Health insurance, life insurance, and general insurance
- Documents, notices, and consents of credit-related services
- Property transactions in South Australia
- Transfer of intellectual property
- Country Court- Admissible Legal Model Government Resources
- Argentina Yes (with some exceptions) Tiered Digital Signature Law
Exclusions for Argentina
- Documents that require notarization
- Corporate minutes that contain resolutions, and appointments and removals of officers and directors
- Resignation letters of employees
- Agreements related to real estate rights
- Country Court- Admissible Legal Model Government Resources
- Austria Yes Tiered eIDAS regulation Signature and Trust Services Act
Exclusions for Austria
- Documents that require notarization
- Legal transactions under family and inheritance law
- Company registers
- Country Court- Admissible Legal Model Government Resources
- Belgium Yes Tiered eIDAS regulation Act of 20 October 2000
Exclusions for Belgium
- Documents that require notarization
- Real estate contracts that create or transfer rights
- Contracts requiring the involvement of courts or public authorities
- Contracts involving collateral securities furnished by persons acting for purposes outside their trade, business, or profession
- Contracts governed by family law or the law of succession
- Country Court- Admissible Legal Model Government Resources
- Brazil Yes Tiered Provisional Measure
Exclusions for Brazil
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Bermuda Yes Tiered Electronic Transactions Act 1999
Exclusions for Bermuda
- Documents that require notarization
- Wills
- Real estate agreements
- Country Court- Admissible Legal Model Government Resources
- Bulgaria Yes Tiered eIDAS regulation
Exclusions for Bulgaria
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Brunei Yes Tiered Electronic Transactions Act
Exclusions for Brunei
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Canada Yes Open Personal Information Protection and Electronic Documents Act
Exclusions for Canada
- Documents that require notarization
- Real estate agreements, wills, and powers of attorney
- Country Court- Admissible Legal Model Government Resources
- Chile Yes Tiered Electronic Documents, Electronic Signatures and Certification Services of Signatures
Exclusions for Chile
- Agreements that require the attendance of one or more parties
- Real estate agreements related to acquisition, modification, and extinction
- Leasing agreements
- Appointment of legal guardians of minors
- Marital agreements
- Declaration of wills
- Mortgages
- IP transfers
- Documents that require notarization
- Agreements that require the physical presence of one or more parties
- Documents related to family law
- Country Court- Admissible Legal Model Government Resources
- China Yes Open PCR Electronic Signatures Law
Exclusions for China
- Documents that require notarization
- Personal relationship agreements
- Some real estate agreements
- Country Court- Admissible Legal Model Government Resources
- Colombia Yes Tiered eIDAS regulation
Exclusions for Colombia
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Czech Republic Yes Tiered eIDAS regulation Czech Civil Code
Exclusions for the Czech Republic
- Documents that require notarization
- Lease and real estate agreements
- Country Court- Admissible Legal Model Government Resources
- Croatia Yes Tiered eIDAS Regulation
Exclusions for Croatia
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Cyprus Yes Tiered eIDAS Regulation
Exclusions for Cyprus
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Denmark Yes Tiered eIDAS Regulation EU Regulation No. 910/2014
Exclusions for Denmark
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Ecuador Yes Tiered Law on Electronic Commerce, Electronic Signatures and Data Messages
Exclusions for Ecuador
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Egypt Yes Tiered E-signature and Establishment of the Information Technology Industry Development Authority
Exclusions for Egypt
- Transfer of intangible property
- Real estate buying and selling contracts
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Estonia Yes Tiered Civil Code Act
Exclusions for Estonia
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Finland Yes Tiered eIDAS Regulation English Translation of the Act on Strong Electronic Identification and Electronic Signatures
Exclusions for Finland
- Real estate buying and selling contracts
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- France Yes Tiered eIDAS Regulation Act No. 2000-230 (2000) (French)
Exclusions for France
- Documents that require notarization
- Marriage agreements
- Labor agreements
- Some real estate agreements
- Country Court- Admissible Legal Model Government Resources
- Germany Yes Tiered eIDAS Regulation Electronic Signature Act
Exclusions for Germany
- Documents that require notarization
- Marriage agreements
- Real estate agreements
- Country Court- Admissible Legal Model Government Resources
- Greece Yes Tiered Trust Services and Electronic identification Presidential Decree (“PD”)
Exclusions for Greece
- Documents that require notarization
- Some real estate agreements
- Country Court- Admissible Legal Model Government Resources
- Guatemala Yes Tiered Electronic Communications and Signatures Law
Exclusions for Guatemala
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Hong Kong Yes Tiered Electronic Transactions Ordinance (Cap 553 of the Laws of Hong Kong) (2000)
Exclusions for Hong Kong
- Documents that require notarization
- Wills
- Powers of attorney
- Government leases
- Some real estate agreements
- Country Court- Admissible Legal Model Government Resources
- Hungary Yes Tiered eIDAS Regulation EU Regulation No. 910/2014
Exclusions for Hungary
- Documents that require notarization
- Family agreements
- Marriage agreements
- Country Court- Admissible Legal Model Government Resources
- Iceland Yes Tiered Icelandic Act No. 28/2001 on Electronic Signatures
Exclusions for Iceland
- Documents that require notarization
- Employee contracts
- Country Court- Admissible Legal Model Government Resources
- India Yes Tiered Information Technology Act (2000)
Exclusions for India
- Documents that require notarization
- Real estate agreements
- Powers of attorney
- Wills
- Trust deeds
- Country Court- Admissible Legal Model Government Resources
- Indonesia Yes Tiered Electronic Information and Transaction Law
Exclusions for Indonesia
- Documents that require notarization
- Notarial deeds
- Court summonses
- Bond certificates
- Real estate documents
- HR documents
- Asset transaction documents
- Country Court- Admissible Legal Model Government Resources
- Ireland Yes Tiered eIDAS Regulation Electronic Commerce Act (2000)
Exclusions for Ireland
- Documents that require notarization
- Wills
- Trusts
- Powers of attorneys
- Property transactions
- Country Court- Admissible Legal Model Government Resources
- Israel Yes Tiered Electronic Signature Law, 5761-2001
Exclusions for Israel
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Italy Yes Tiered eIDAS Regulation Digital Administration Code, Legislative Decree 82/2005
Exclusions for Italy
- Loan agreements
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Japan Yes Tiered Electronic Signatures and Certification Business Act (E’-signature Law”)
Exclusions for Japan
- Documents that require notarization
- Real estate property transfers
- Wills
- Country Court- Admissible Legal Model Government Resources
- Kazakhstan Yes Tiered Civil Code of the Republic of Kazakhstan Law of the Republic of Kazakhstan on Electronic Document and Electronic Signature
Exclusions for Kazakhstan
- Documents that require notarization
- HR documents
- Country Court- Admissible Legal Model Government Resources
- Kenya Yes Tiered Kenya Information and Communication Act, No. 2, 1998
Exclusions for Kenya
- Negotiable instruments
- Wills
- Codicils
- Testamentary trusts
- Country Court- Admissible Legal Model Government Resources
- Latvia Yes Tiered eIDAS Regulation Electronic Documents Act
Exclusions for Latvia
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Lithuania Yes Tiered Lithuanian Code of Civil Procedures
Exclusions for Lithuania
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Luxembourg Yes Tiered eIDAS Regulation
Exclusions for Luxembourg
- Government leases
- Powers of attorney
- Real estate agreements
- Employment contracts
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Macau Yes Tiered Law No. 5/2005 (2005) Macau Civil Code
Exclusions for Macau
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Malaysia Yes Tiered The Digital Signature Act (1997)
Exclusions for Malaysia
- Documents that require notarization
- Real estate property transfers
- Wills
- Money lending agreements
- Country Court- Admissible Legal Model Government Resources
- Mexico Yes Tiered Federal Civil Code
Exclusions for Mexico
- Documents that require notarization
- Marriage agreements
- Documents related to tax obligations
- Country Court- Admissible Legal Model Government Resources
- Malta Yes Tiered eIDAS Regulation
Exclusions for Malta
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- New Zealand Yes Open Electronic Transactions Act (2002)
Exclusions for New Zealand
- Documents that require notarization
- Powers of attorney
- Real estate agreements
- Wills
- Country Court- Admissible Legal Model Government Resources
- Nigeria Yes Open The Evidence Act Sections 84 and 93
Exclusions for Nigeria
- Documents that require notarization
- Powers of attorney
- Wills
- Country Court- Admissible Legal Model Government Resources
- Netherlands Yes Tiered eIDAS Regulation Electronic Signatures Act (Wet elektronische handtekeningen)
Exclusions for the Netherlands
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Norway Yes Tiered eIDAS Regulation
Exclusions for Norway
- Documents that require notarization
- Debt certificates
- Premarital agreements
- Loan and security agreements
- Country Court- Admissible Legal Model Government Resources
- Peru Yes Tiered eIDAS Regulation Signatures and Digital Certificates Law (Law No. 27269) (2000)
Exclusions for Peru
- Documents that require notarization
- Mortgages
- Country Court- Admissible Legal Model Government Resources
- Philippines Yes Tiered Electronic Commerce Act (2001)
Exclusions for the Philippines
- Documents that require notarization
- Some real estate agreements
- Country Court- Admissible Legal Model Government Resources
- Poland Yes Tiered eIDAS Regulation
Exclusions for Poland
- Documents that require notarization
- Real estate agreements
- Company shares
- Bills of exchange
- Country Court- Admissible Legal Model Government Resources
- Portugal Yes Tiered eIDAS Regulation Decree Law No. 290-D/99 (2009)
Exclusions for Portugal
- Documents that require notarization
- Employee terminations
- Real estate agreements
- Country Court- Admissible Legal Model Government Resources
- Romania Yes Tiered eIDAS Regulation Law No. 455/2001 on the Electronic Signature (2001)
Exclusions for Romania
- Documents that require notarization
- Some real estate agreements of immovable property
- Personal guarantee agreements
- Country Court- Admissible Legal Model Government Resources
- Russia Yes Tiered Federal Law of the Russian Federation No. 63-FZ on Electronic Signature
Exclusions for Russia
- Documents that require notarization
- Powers of attorney
- HR documents
- Some real estate agreements
- Country Court- Admissible Legal Model Government Resources
- Saudi Arabia Yes (Not used by most businesses) Tiered Electronics Transactions Law
Exclusions for Saudi Arabia
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Singapore Yes Tiered Electronic Transactions Act (2010)
Exclusions for Singapore
- Documents that require notarization
- Wills
- Negotiable instruments
- Powers of attorney
- Some real estate agreements
- Country Court- Admissible Legal Model Government Resources
- South Africa Yes Tiered Electronic Communications and Transactions Act
Exclusions for South Africa
- Documents that require notarization
- Long-term real estate agreements
- Changes in real estate property ownership
- Wills
- Bills of exchanges
- Country Court- Admissible Legal Model Government Resources
- South Korea Yes Tiered English Translation of the Digital Signature Act
Exclusions for South Korea
- Documents that require notarization
- Changes in real estate property ownership
- Transfers of intangible assets
- Wills
- Country Court- Admissible Legal Model Government Resources
- Spain Yes Tiered eIDAS Regulation Ley 1/2000 de Enjuiciamiento Civil
Exclusions for Spain
- Documents that require notarization
- Marriage agreements
- Some real estate agreements
- HR documents
- Country Court- Admissible Legal Model Government Resources
- Sri Lanka Yes Open Electronic Transactions Act
Exclusions for Sri Lanka
- Documents that require notarization
- Wills
- Powers of attorney
- Contracts governed by family law or the law of succession
- Country Court- Admissible Legal Model Government Resources
- Sweden Yes Tiered eIDAS Regulation Lag Om kvalificerade Elektroniska Signaturer
Exclusions for Sweden
- Documents that require notarization
- Government agreements
- Share certificates
- Employee termination letters
- Country Court- Admissible Legal Model Government Resources
- Switzerland Yes Tiered eIDAS Regulation Electronic Signature Law
Exclusions for Switzerland
- Documents that require notarization
- Wills
- Trusts
- Some real estate agreements
- Inheritance contracts
- Country Court- Admissible Legal Model Government Resources
- Slovakia Yes Tiered eIDAS Regulation
Exclusions for Slovakia
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Slovenia Yes Tiered eIDAS Regulation
Exclusions for Slovenia
- Documents that require notarization
- Country Court- Admissible Legal Model Government Resources
- Taiwan Yes Tiered Electronic Signatures Act
Exclusions for Taiwan
- Documents that require notarization
- Agreements with government agencies
- Country Court- Admissible Legal Model Government Resources
- Thailand Yes Tiered Electronic Transactions Act
Exclusions for Thailand
- Documents that require notarization
- Contracts of immovable properties
- Mortgage contracts
- Some agreements of ships
- Country Court- Admissible Legal Model Government Resources
- United Arab Emirates Yes Open Electronic Commerce Law
United Arab Emirates
E-signatures are valid in the United Arab Emirates. They derive their validity under the Federal Law No. 1 of 2006 on Electronic Commerce and Transactions ("E-commerce Law)".The act further identifies the specific criteria of e-signatures called "Secure Electronic Signatures" under Article 17.
Documents signed with Zoho Sign meets the requirements for Secure Electronic Signature in the following manner:
- Unique to the person using it
- Capable of identifying such person
- Was, at the time of signing, under the sole control of the Signatory in terms of the creation data and the means used
- Linked to the Electronic Record to which it relates in a manner that provides reliable assurance as to the integrity of the signature such that if the record was changed the Electronic Signature would be invalidated
The use of Secure Electronic Signatures gives a greater level of security and evidentiary value but is not essential for an electronic document or e-signature to be valid in law. According to the E-commerce Law, you cannot use e-signatures and will require a wet-ink or physical signature for the following:
- Transactions and issues relating to personal law such as marriage, divorce, and wills
- Deeds of title to immovable property
- Negotiable instruments
- Transactions involving the sale, purchase, lease (for a term of more than 10 years) and other disposition of immovable property and the registration of other rights relating to immovable property
- Any document legally required to be attested before a notary public
As Zoho Sign will be a foreign service provider having a foreign Electronic Attestation Certificates issued by a foreign Certification Service Provider, we recommend to you as a good practice to add a "Use of E-Signature clause," which states that you use Zoho Sign to digitally sign your agreements and it is binding pursuant to Article 23 Clause 6 of the E-commerce Law. Country Court- Admissible Legal Model Government Resources
- Country Court- Admissible Legal Model Government Resources
- United Kingdom Yes Tiered The Electronic Identification Regulation
Exclusions for the United Kingdom
- Documents that require notarization
- Marriage agreements
- Some real estate agreements
- Negotiable instruments
- Country Court- Admissible Legal Model Government Resources
- United States Yes Tiered The Uniform Electronic Transactions Act Electronic Signatures in Global and National Commerce Act
Exclusions for the United States
- Documents that require notarization
- Some real estate agreements
- Wills
- Divorce agreements
- Codicils
- Terminations of insurance
- Country Court- Admissible Legal Model Government Resources
- Turkey Yes Tiered The Electronic Signature Law 5070
Exclusions for Turkey
- Documents that require notarization
- Wills
- Contracts under family law
- Inheritance agreements
- Country Court- Admissible Legal Model Government Resources
- Ukraine Yes Tiered Law of Ukraine No. 852-IV on Electronic Digital Signature (the “E-signature Law”)
Exclusions for Ukraine
- Documents that require notarization
- Real estate agreements
- Contracts under family law
- Inheritance agreements
- Country Court- Admissible Legal Model Government Resources
- Uruguay Yes Tiered Electronic Document and Signature Act
Exclusions for Uruguay
- Documents that require notarization
- Real estate agreements
- Labor agreements
- Insurance agreements
- Country Court- Admissible Legal Model Government Resources
- Vietnam Yes Tiered Electronic Document and Signature Act The Law on E-Transaction No. 51/2005/QH11 (2005)
Exclusions for Vietnam
- Documents that require notarization
- Transfers of movable assets
- Real estate agreements
- Intangible property transfers
Start signing your business documents with Zoho Sign
Frequently asked questions:
Are digital signatures legally binding?
Documents signed with digital signatures are legally valid in many regions, including the United States, the European Union, and India. However, the legal validity differs from country to country, and it’s important to check the laws in your region.
Why is it valuable to use e-signatures in legal documents?
Signing your documents with e-signatures can help prove the authenticity and integrity of legal documents, as the accompanying encryption and audit trails make it difficult for documents to be tampered with.
Do all countries recognize digital signatures?
There are some countries that have not yet adopted digital signatures.
Are my documents secure in Zoho Sign?
Yes. Zoho Sign stores your documents in secure data center and encrypts them with industry-standard encryption algorithms.
What kind of signatures does Zoho Sign offer?
Zoho Sign offers three types of electronic signatures: standard electronic signatures, advanced electronic signatures (AES), and qualified electronic signatures (QES).
Does Zoho Sign offer digital signing through Sign with Singpass?
Yes, you can use your Zoho Sign account to get your documents digitally signed through Sign with Singpass.
Does Zoho Sign offer digital signing with Aadhaar eSign?
Yes, you can use your Zoho Sign account to sign documents with Aadhaar eSign. The app is compliant with the Information Technology Act, 2000. Learn more
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