The utility of electronic signatures have become increasingly evident for business and personal use as the digital world continues to scale, many organizations have integrated digital signatures into their core business for convenience reasons.
Below is a list of the Legal Standing of Electronic Signatures Worldwide.
Countries where electronic signatures have the same legal status as written signatures:
Australia has been using electronic signatures since 1999, except for documents related to migration and citizenship, and in some regions, wills, powers of attorney, and some real estate transactions are also exceptions to the rule.
Canada has also allowed electronic signatures since 1999, except for some real estate agreements, wills, estate agreements, and powers of attorney.
Chile recognized electronic signatures in 2002, except for situations where the law requires that one or more of the parties have to be present, and cases related to family law.
Colombia allowed electronic signatures in 1999, but there are exceptions there as well, like conveying real estate rights, mortgage agreements, and a few others.
Ireland issued the Electronic Commerce Act in 2000, mentioning the following exceptions: wills, trusts, powers of attorney, or real property transactions.
New Zealand passed the Electronic Transactions Act in 2002, with special requirements when it comes to real estate transfers and wills.
Peru has been using e-signatures since 2000, without any severe exceptions to the law.
The Philippines recognized e-signatures in 2000, with The Electronic Commerce Act, with no severe exceptions to the law.
Portugal passed a law for electronic signatures in 2009, which has no exceptions.
Singapore recognized electronic signatures in 2010, with the following exceptions: wills, negotiable instruments, powers of attorney, and some real estate transactions.
South Korea issued The Digital Signature Act in 2013, with no severe restrictions.
Spain recognized electronic signatures in 2003, mentioning no crucial exceptions.
The United Kingdom recognized e-signatures in 2002, and the law mentions some exceptions and advises caution when it comes to transactions relating to marriage, divorce, wills, real estate, and negotiable instruments.
In the United States, the first states adopted the Uniform Electronic Transactions Act in 1999. In the present, New York is the only state that doesn’t allow electronic signatures. Most states have restrictions when it comes to real property transfers, wills, and some legally required notices to consumers.
Countries where the status of the electronic signature is unclear or where digital signatures are strongly preferred:
Argentina issued a Digital Signature Law in 2001, except for documents regarding death, family law, or other highly personal matters.
Austria has been using electronic signatures since 1999, but not for legal transactions related to family and inheritance, for documents that need to be notarized, or for real estate transactions that include registering a deed, and a few other exceptions.
Brazil passed a law to recognize electronic signatures in 2001, and the law mentioned no critical exceptions.
Denmark has also used e-signatures since 1999 when the EU passed the Electronic Signature Directive (1999/93/EC), and they have no critical exceptions.
Hungary passed The Act on Electronic Signature in 2001, with the exception of legal transactions under marriage, family, and legal custody.
Indonesia recognized the electronic signature in 2008, except notary deeds and letters of court summons.
Israel recognized e-signatures in 2001, with no restrictions.
Italy legally recognized e-signatures in 2005, and it doesn’t exclude any type of agreement.
Malaysia recognized e-signatures in 1997, with no restrictions.
Mexico doesn’t have one clear law regarding electronic signatures. Their legality is a bit complicated, as there are multiple laws and regulations connected to it.
Poland passed the Electronic Signature Act in 2001, with a few key restrictions, like the transfer of real estate property, testaments, and checks and bills of exchange.
Romania recognized electronic signatures in 2001, passing The Electronic Signature Law, mentioning that a digital signature is necessary for real estate and labor agreements.
Sweden issued the Qualified Electronic Signatures Act in 2000, mentioning that agreements with government entities may be an exception.
Switzerland has recognized this type of signature since 2003, but with a few exceptions: real property transfer contracts, inheritance contracts, and last will.
Thailand has been using electronic signatures since 2001, with no critical exceptions to the law.
Turkey passed a law for electronic signatures in 2004, mentioning no serious exceptions.
Uruguay passed The Electronic Document and Signature Act in 2009, mentioning that caution is necessary for real estate transactions or other types of transactions that need to be notarized.
Vietnam recognized electronic signatures in 2005, with the exception of handwritten contracts related to real and intangible property transfers.
Countries where electronic signatures are enforceable but don’t have the same status as a written signature:
Belgium has recognized electronic signatures since 2000, without any critical exceptions.
China passed the PRC Electronic Signature Law in 2004, and the only exceptions are agreements related to marriage, adoption, inheritance, and some real estate or public utility agreements.
The Czech Republic issued the Electronic Signature Act in 2000, except for real estate purchases and leases.
Egypt issued the E-Signature Law in 2004, with the exception of real and intangible property transfers.
Finland recognized electronic signatures a bit later, in 2009 when they passed The Act on Strong Electronic Identification and Electronic Signatures, and the exceptions are real estate transactions and family law, including inheritance issues.
France started using e-signatures in 2000, with a few exceptions, like marriage-related documents, real estate and labor agreements, and forms that must be notarized.
Germany passed the German Signature Law in 2001, except for real estate agreements, documents that need to be notarized, and documents connected to marriage.
Greece recognized electronic signatures in 2001, but they cannot be used for documents connected to the transfer of real estate property or donations.
Iceland law permitted electronic signatures in 2001, except for real property transfer contracts and deeds and handwritten employment contracts.
India passed the Information Technology Act in 2000, with a few exceptions: matters related to the power of attorney, wills, real estate transactions. Apart from that, most transactions require a stamp, which renders the electronic signature pointless.
Japan has passed The Electronic Signatures and Certification Business Act in 2000 to recognize the legality of electronic signature.
The Netherlands passed the Electronic Signatures Act in 2003, with no critical exceptions.
Norway has The Act on Electronic Signatures since 2001, but they also have exceptions, like debt certificates, premarital agreements, or a board’s signing of annual accounts.
Russia has passed the Federal Law of the Russian Federation No. 63-FZ “On Electronic Signature” in 2011, mentioning no significant restrictions.
Saudi Arabia has recognized e-signatures in the Electronic Transactions Law of 2007. However, that law applies only to certified electronic transactions that aren’t available to private parties at this point.
South Africa passed The Electronic Communications and Transactions Act in 2002, with specific exclusions, like long-term leases, property transactions, wills, or bills of exchange.
Ukraine passed a law for e-signatures in 2003, except for handwritten certificates of inheritance.
Countries where electronic signature is not available:
Most of these countries have issued acts to recognize electronic signatures, but either don’t have a specific data and law to state they are legally valid or simply don’t use them in practice yet. Some examples are:
Afghanistan
Bahamas
Cambodia
Cuba
Dominica
Fiji
Georgia
Iran
Iraq
Laos
Mongolia
Nepal
North Korea