Electronic signatures

Are electronic signatures legal in the UK? And when does a deed need a witness?

For most documents, including employment contracts, offer letters and NDAs, an electronic signature is a valid way to sign in the UK. A few documents need more, and a witnessed deed still needs the witness in the room.

Last checked 23 October 2026 against the sources listed below. Written by Assize Data Ltd.

What the law says

No single law covers e-signatures, but three sources point the same way.

• Section 7 of the Electronic Communications Act 2000 lets courts accept an electronic signature as evidence on whether a document is genuine and unchanged.
• Article 25 of the UK eIDAS Regulation says a signature can't be denied legal effect, or refused as evidence, just because it is electronic.
• The Law Commission's 2019 report on electronic execution of documents concluded that an electronic signature can sign a document, including a deed, if the signer intends to authenticate it and any formalities for that document are met. The Government agreed in March 2020.

Courts have accepted a name typed at the bottom of an email, and a click on an "I accept" box, as signatures. What matters is that the person meant to sign.

What makes an e-signature good evidence

A valid signature may still need proving if someone later says "that wasn't me". Good evidence shows:

• Intent: for example, the signer agreed to sign electronically and took a clear step to sign.
• Identity: who signed, for example through the email address or mobile number used to reach them.
• Integrity: the document hasn't changed since signing, shown for example by a hash (a document fingerprint) or a digital seal.
• An audit trail: a time-stamped record of who received, viewed and signed, and when.

The Government-convened Industry Working Group recommended in 2022 a strong audit trail, kept with the signed document and its certificate of completion.

Simple, advanced and qualified signatures

• Simple (an everyday term, not a legal one): anything electronic a person uses to sign, such as a typed name, drawn signature or click-to-sign button (UK eIDAS, Article 3).
• Advanced: uniquely linked to the signer, able to identify them, under their sole control, and linked to the document so that later changes show (Article 26).
• Qualified: an advanced signature made with a qualified signature creation device, using a qualified certificate from a qualified trust service provider. It has the same legal effect as a handwritten signature.

For most contracts in England and Wales, simple is enough. The others matter mainly in Scotland and for some Land Registry documents.

Documents that need something else

• Wills. In England and Wales, a will must be signed, or the signature acknowledged, in front of two witnesses present at the same time (Wills Act 1837, section 9). Sign wills on paper. Video witnessing was only allowed for wills made between 31 January 2020 and 31 January 2024. The Law Commission's May 2025 report on wills recommended allowing electronic wills, but the law hasn't changed.
• Deeds that need a witness, and Land Registry deeds, can be signed electronically, but only as described below.
• Lasting powers of attorney. These go through the Office of the Public Guardian, whose guidance on making an LPA says everyone signs the same original and digital signatures can't be used.
• Scotland. Most contracts, including employment contracts, don't need to be in writing at all (Requirements of Writing (Scotland) Act 1995, section 1). Some documents do, such as contracts about land. Signed electronically, these need at least an advanced signature, and a qualified one to be "self-proving" (Electronic Documents (Scotland) Regulations 2014).

How witnessing a deed works with an e-signature

In England and Wales, a deed must make clear on its face that it is a deed, often with words like "executed as a deed". An individual signs it in the presence of a witness who attests the signature, and it must be delivered (Law of Property (Miscellaneous Provisions) Act 1989, section 1). A company can sign through two directors (or a director and its secretary) without a witness, or one director with a witness (Companies Act 2006, section 44).

E-signatures work for deeds too, but the Law Commission's view is that the witness must be physically present, even if both sign electronically. So:

1. The witness sits with the signer and watches them sign on screen.
2. The witness then signs and adds their name and address.
3. The witness can't be a party to the deed. HM Land Registry's guide to executing deeds also suggests an adult who isn't the signer's spouse or partner.

A video call is not treated as enough. The Industry Working Group said allowing video witnessing would need new primary legislation. A Law Commission review of the law of deeds is planned but hasn't started.

Land Registry's routes, in plain English

For deeds that will be registered, such as transfers, mortgages and leases over seven years, HM Land Registry's Practice Guide 82 sets out three routes.

• Mercury signing: each person signs a printed signature page in wet ink, with the witness physically present, and emails a scan with the final deed to their conveyancer.
• Conveyancer-certified electronic signatures: a conveyancer sets up and controls the signing on a platform. Signers and witnesses get one-time passcodes by text (at least six digits for signers). Each signer signs with their witness physically present, and the witness signs next. A conveyancer dates the deed inside the platform. An individually regulated conveyancer then signs a certificate that, to their knowledge, the guide's requirements were met. Normally every party needs a conveyancer. Keep the platform's audit report on file, but don't lodge it.
• Qualified electronic signatures: since 1 June 2026, the Land Registry's Notice 2 lets any registrable disposition be made by a single electronic document in which every signature is a qualified electronic signature. It isn't a deed, so no witness is needed. A dedicated practice guide is planned.

Two traps. A signer can't sign in wet ink while their witness signs electronically, or the other way round. And the Land Registry won't accept a simple electronic signature, or an advanced one, on a transfer or mortgage deed.

Practical tips for employers

• E-sign everyday documents. Employment contracts, offer letters, NDAs and policy acknowledgements can be signed electronically. Most employment contracts are ordinary contracts, not deeds. They don't even have to be written down, though you must give employees and workers a written statement of their main terms by their first day.
• Look for the word "deed". If a document says it is signed or executed as a deed, arrange a witness who is physically present.
• Reach the right person. Use an email address and mobile number you know are the signer's own.
• Keep the evidence. Store the signed PDF with its certificate of completion and audit trail in the employee's file.
• Know the limits. No e-signature tool can make a document valid on its own; that depends on the document's formalities. For wills, land or anything unusual, take advice.

This guide is general information about the law in the UK, mainly England and Wales, not legal advice. The rules change, so check the sources above, and take advice about your own situation. Assize Data Ltd is not a law firm.