Are eSignatures Legally Binding?

Table of Contents

Share at:

With many businesses now adopting electronic methods in conducting their businesses, eSignatures are a popular tool to simplify and streamline processes. The Government recognises the impact technology has on business practices and enacted the Electronic Transactions Act 1999 (Cth). This article discusses whether eSignatures are legally binding, and what requirements you need to make them so.

eSignatures

eSignatures are signatures on an electronic document or transaction. Under Australian Law, an eSignature has the same effect as a handwritten signature. As a result, a person is bound by an agreement or contract if it is signed electronically.

Are they legally binding?

Yes they are. The Electronic Transactions Act 1999 (Cth) governs the usage of eSignature in transactions. The Act provides certainty for electronic transactions and allows electronic commerce to work in the same way as paper-based commerce.

Traditionally, for a contract to form, the requirements of offer and acceptance, consideration, and intention to create legal relations must be met. An eSignature satisfies all these elements and is therefore treated like a handwritten signature. Thus, eSignatures are binding and a valid way to execute a contract or agreement online.

However, it is important to note that there are additional requirements that must be met. This includes that the agreement or contract signed must be stored online and accessible at anytime. There must also be consent by the parties that expressly or impliedly accepts that all communications between them will be online. Furthermore, there are exemptions in the Act that prohibits the use of eSignatures in certain cases. These include documents which relate to migration, powers of attorney, and wills.

eSignature tools

The Electronic Transactions Act is “technologically neutral”. Therefore, it does not define the parameters of what eSignature tools can be used. As a business or an individual, you can use whichever tool suits your needs and there are many sophisticated tools you can use online for free.

Final Thoughts

Under Australian law, eSignatures are legally binding, subject to some exemptions. The law interprets them to be the same as handwritten signatures. However, there must be consent between the parties for it to be enforceable. Subsequently, the Electronic Transactions Act provides flexibility and neutrality as to what tools you can use. For further information on the legalities surround electronic signatures, it may be worth contacting a business lawyer.

Don’t know where to start? Contact us on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

5 Tips for Protecting Your New Logo

Learn how to protect your business logo in Australia, including registering your business name and trade mark.

How to Resolve a Dispute Between 50/50 Shareholders

Shareholder deadlock can be extremely stressful. Prevent it with a strong shareholders’ agreement. Too late? Our guide outlines the steps you can take.

What is a Shadow Director?

Understand the difference between a shadow director, a de facto director, and an appointed director. Protect your company from governance risks with our detailed guide.

Difference Between a General and Enduring Power of Attorney (2026 Update)

Which do you need: General vs Enduring Power of Attorney? This guide walks you through the differences and typical legal scenarios.

How to exit a Partnership Agreement

Learn how to exit a partnership agreement. Understand the essential steps for withdrawal, buy-outs, and business dissolution to ensure a smooth transition.

When Do You Need to Register for GST?

Learn when you need to register for GST in Australia, including turnover thresholds, rules for rideshare drivers, and voluntary registration benefits.