eSignature legality summary
A written signature is not required for a valid contract; the CCLA confirms a contract is not unenforceable merely for being executed electronically. An electronic signature is the legal equivalent of a written one for showing intent to be bound where it adequately identifies the signatory, shows their approval, and is as reliable as appropriate. Reliability is presumed where the creation means are linked to and under the signatory’s sole control and changes are detectable; consent to electronic form is required (and may be inferred from conduct).
Types of permitted electronic signature
Any electronic signature meeting the identify / approve / reliable test qualifies, with a rebuttable presumption of reliability. Subject to the Part 4 exceptions, witnesses may also sign electronically where the same requirements are met.
Documents that may be signed electronically
Suitable for HR documents, commercial agreements (NDAs, procurement, sales), some consumer agreements, certain real-estate documents (e.g., leases), and IP licenses (patent, copyright, trademark).
Use with caution / not typically appropriate
There is no specific government-wide restriction, but departments may set policies (for example, the Companies Office publishes an electronic-signing standard).
- Notices required to be given to the public, or attached or displayed
- Information required in writing in person or by registered post
- Affidavits, statutory declarations, and documents on oath or affirmation
- Powers of attorney and enduring powers of attorney (except those for a security interest)
- Wills, codicils, and testamentary instruments
- Negotiable instruments and bills of lading
- Warrants authorizing entry, search, or seizure
Seminal court cases
None reported.
Primary sources
- Contract and Commercial Law Act 2017, Part 4
Disclaimer: This guide is general information, not legal advice, and is not a guarantee that any signature will be enforceable for a particular document, transaction, or jurisdiction. E-signature and data-protection laws change frequently. Confirm the requirements for your specific document and parties, and consult a licensed lawyer in the relevant country before relying on electronic signing.
Last reviewed: June 15, 2026