Electronic signature basics

What Is an Electronic Signature?

An electronic signature is a legal concept rather than a specific technology. U.S. federal law defines it as an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign that record.

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Short answer

An electronic signature is any electronic sound, symbol, or process attached to or logically associated with a contract or record and executed or adopted by a person with the intent to sign the record. That is the definition used by the U.S. ESIGN Act of 2000 and the Uniform Electronic Transactions Act. Under this definition a typed name, a drawn signature, or a click on an "I agree" button can all be electronic signatures, because what matters legally is the signer's intent and the evidence connecting that person to the record, not the visual appearance of the mark.

Intent is the deciding factor

The mark itself can be typed, drawn, or clicked. What makes it a signature is that the signer meant it to be one.

Evidence makes it defensible

Timestamps, event history, and a tamper-evident record are what let you show later who signed and when.

Not the same as a digital signature

"Digital signature" refers to a specific cryptographic technique that can be used to secure an electronic signature.

The legal definition

Both the federal ESIGN Act (15 U.S.C. § 7006) and the Uniform Electronic Transactions Act define an electronic signature as "an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record."

Two phrases in that sentence do the real work. "Logically associated with" means the signature has to be tied to the specific record it signs, not floating free of it. "With the intent to sign" means the signer has to be doing it on purpose, understanding that they are signing.

  • A name typed into a signature field
  • A signature drawn with a mouse, trackpad, or finger
  • A click on a clearly labeled "I agree" or "Sign" control
  • A scanned image of a handwritten signature applied to a document
  • A recorded process that captures assent and links it to the record

Why the same mark can be strong or weak evidence

A pasted signature image and a completed signing workflow can look identical on the final PDF. They are not equivalent if the agreement is ever questioned, because the difference is everything that surrounds the mark: who was sent the document, at what address, what they saw, when they opened it, what they entered, and whether the file changed afterwards.

This is why e-signature software exists at all. The product is not really the picture of a signature — it is the record of how that picture got there, kept in a form that stays checkable after the fact.

Where electronic signatures are not enough

ESIGN specifically carves out several categories, including wills, codicils, and testamentary trusts; adoption, divorce, and other family-law matters; most of the Uniform Commercial Code; court orders and official court documents; and certain notices such as utility cancellation, foreclosure or eviction relating to a primary residence, and cancellation of health or life insurance benefits.

Some transactions also require notarization, witnessing, or identity proofing that a standard e-signature workflow does not perform. Requirements vary by document, party, and jurisdiction, so confirm the rules for your specific situation rather than assuming electronic signing is available.

Direct answers

Frequently asked questions

Is a typed name a valid electronic signature?

It can be. Under the ESIGN Act and UETA definition, a typed name qualifies as an electronic signature when the person typed it with the intent to sign the record. Whether it is sufficient for a particular transaction depends on the document and any additional legal requirements that apply.

What is the difference between an electronic signature and an e-signature?

There is no difference. "E-signature" is simply an abbreviation of "electronic signature" and both refer to the same legal concept.

Does an electronic signature need to look like my handwriting?

No. Nothing in the ESIGN Act or UETA requires an electronic signature to resemble a handwritten one. A drawn signature is common because it is familiar, not because it is legally required.

How do I create an electronic signature?

Open the document in an e-signature service, complete the fields assigned to you, and draw or type your signature in the signature field. With Bond4Docs, recipients do this from a secure link in their email and do not need to create an account.

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