What makes an electronic signature legally enforceable?

An electronic signature is generally legally enforceable if the law treats it as a valid way to show intent to sign and the parties used it properly.

Key factors are:

• Intent to sign: The person must clearly intend the electronic action to count as a signature.
• Consent to do business electronically: In many places, the signer must agree to use electronic records/signatures.
• Attribution: The signature must be tied to the right person, for example through login credentials, email verification, OTP, audit trails, or certificate-based signing.
• Record integrity: The signed record should not be altered after signing, or changes should be detectable.
• Compliance with applicable law: Different jurisdictions have specific rules. For example:
  • In the U.S., laws like ESIGN and UETA generally give e-signatures the same legal effect as handwritten signatures, with some exceptions.
  • In the EU, eIDAS sets standards and gives qualified electronic signatures the strongest legal presumption.

Common situations that can affect enforceability:

• If the signer didn’t knowingly consent to e-signing
• If the system can’t prove who signed
• If the document type is excluded by law in that jurisdiction
• If the process lacks a reliable audit trail

If you want, I can also explain:

1. the difference between simple, advanced, and qualified electronic signatures, or
2. what makes an e-signature enforceable in the U.S. vs. EU.