The short answer: yes, for most business contracts
In England and Wales, most contracts don’t need to be signed at all to be binding. Where a signature is needed, an electronic one will usually do. That covers the agreements most small businesses use every day: terms of business, quotes, engagement letters, service agreements, NDAs and consent forms.
What matters is that the person meant to sign, and that you can show who signed what. The method, whether a typed name, a drawn signature or a click on “I agree”, matters much less than people expect.
What the law says
Three sources are worth knowing about:
- The Electronic Communications Act 2000, section 7. An electronic signature can be used in court as evidence of who signed and that the document hasn’t changed. Read section 7.
- UK eIDAS, article 25. An electronic signature can’t be refused legal effect just because it is electronic. A “qualified” electronic signature has the same effect as a handwritten one, but an ordinary one is still valid. Read article 25.
- The Law Commission’s 2019 report. It concluded that an electronic signature can be used to sign a document, including one the law says must be signed, as long as the person intends to authenticate it and any other formalities are met. It noted that courts have accepted a typed name in an email and a ticked “I accept” box. The government accepted its conclusions in 2020. See the report.
Which kinds of e-signature count
For everyday business agreements, all of these can work, provided it is clear the person meant them as their signature:
- A drawn signature, made with a finger or mouse on a screen.
- A typed name in a signature box or at the end of an email.
- Clicking to accept a contract that was clearly shown to them.
- A “qualified” electronic signature, which uses a certified digital identity. It carries the most legal weight, but very few small business agreements need one.
A drawn signature isn’t automatically stronger than a click. What makes any of them convincing is the record around it: who did it, when, and what exactly they saw.
Documents that need more than a click
A small number of documents have extra rules. If you deal with any of these, take advice or check the official guidance first.
- Deeds. Deeds can be signed electronically, but they still need a witness who is physically present when the person signs. Witnessing over a video call isn’t currently allowed.
- Property transfers and mortgages. HM Land Registry only accepts certain kinds of electronic signature, usually through a conveyancer’s platform. A simple e-signature isn’t accepted for transfers or charges. See Practice Guide 82.
- Wills. A will must be signed in front of two witnesses, and electronic wills aren’t valid in England and Wales. See gov.uk.
- Lasting powers of attorney. These have to be signed on paper; gov.uk says you can’t use digital signatures. See gov.uk.
Keep a record that would hold up if anyone asked
Disputes about e-signatures are rarely about whether electronic signing is allowed. They are about whether this person agreed to this version. No law sets out exactly what to keep, but these are good practice:
- Who signed: the person’s name and the account or email they signed from.
- What they signed: the exact version of the document, not just “our terms”.
- When: the date and time.
- That it was deliberate: a clear button or signature box, with wording like “By signing, you agree to these terms”.
- A copy for them: so both sides can see what was agreed.
A signed PDF emailed back and forth can do this, but it is easy to lose track of which version came back. A system that records the version and time for you removes the guesswork.
If you sign up members of the public
An e-signature makes the contract valid, but it doesn’t remove consumer rights. If you take on consumers online or away from your premises, they usually have 14 days to cancel, and you need to tell them that before they sign. Our guide to the 14-day cancellation rules explains what to include.
Getting terms signed in PORTALD
PORTALD gives you two ways to get an agreement, and you can use both on one checklist:
- A PDF contract for online acceptance. Upload your terms, engagement letter or service agreement. The client reads it in your branded portal and accepts it, and PORTALD records who accepted, which version and when.
- A drawn signature on a form. Add a signature field to the end of your intake form, so their details and their signature arrive together.
PORTALD records the agreement; it doesn’t write your terms or give legal advice, and it isn’t a qualified signature service for deeds or Land Registry documents. For most terms of business, quotes and engagement letters, it is all you need. See the customer onboarding portal for how it fits with forms and uploads.
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Common questions
Is a drawn signature on a phone legally binding?
For most business contracts, yes. In England and Wales an electronic signature, including one drawn with a finger, can sign a contract as long as the person meant to sign. Keep a record of who signed, which version and when.
Is ticking an "I accept" box enough?
It can be. The Law Commission noted that courts have accepted a ticked "I accept" box as a signature. Make sure the terms were clearly shown first and that the wording says what ticking means.
Do I need a qualified electronic signature?
Not for everyday agreements such as terms of business, quotes or engagement letters. Qualified signatures use a certified digital identity and are needed for some HM Land Registry documents.
Can a deed be signed electronically?
Yes, but it still needs a witness who is physically present when it is signed. Witnessing over a video call is not currently allowed in England and Wales.
Are the rules the same in Scotland?
Not quite. Documents that Scots law requires to be in writing, such as those about land, need an advanced electronic signature. Everyday business terms generally have no special requirement.