Blog
Technology

Electronic signatures with DocuSign: when are they valid?

When I wrote about DocuSign, I saw the convenience of sending a document, requesting a signature and following progress online. I said digital signing was as legally valid as pen on paper. That was too broad: the legal assessment depends on the method and document.

What does EU law say?

The earlier European directive I quoted has been replaced by the eIDAS framework. Under Article 25 of the eIDAS Regulation, an electronic signature cannot be denied evidentiary effect solely because it is electronic. A qualified electronic signature has the equivalent legal effect of a handwritten one in the EU. This does not mean every click or drawn image automatically gives the same assurance.

For an important document, ask how the signer's identity is established, what process records are retained and what form the applicable rules or agreement require. The right method depends on the risk and purpose.

The practical gain

A service such as DocuSign can present documents and organize signing online. That can save post and back-and-forth email. Check current product features and terms before setting up a process. The lasting lesson is that convenience and evidence should be designed together: a fast signature is valuable when you can later show who signed what.

— GijsDiscuss this article

Was this article useful?

Give it 1 to 5 stars.

4.9/5 · 17 ratings

Something to think about, now and then

Fresh ideas in your inbox.

New articles, lessons from my startups and projects I’m building. Only when there’s something worth sharing.