Are eSignatures Legally Enforceable?

Table of Contents

Share at:

Electronic signatures (eSignatures) are an alternative method to ink signing a legal document. There are no legal distinctions in place to differentiate between wet ink signatures and electronic signatures. But for an electronic signature to be legally enforceable, it must meet certain requirements.

What is an eSignature?

An eSignature (short for electronic signature) refers to a signature that is created digitally. eSignatures carry the same intention as a handwritten signature. Therefore, the use of e-Signatures is indicative of the person accepting to be legally bound by the document.

Securely eSign your documents for free

Find or upload your document and eSign for free.

Sign now

Are eSignatures legally enforceable?

Yes, eSignatures are legally enforceable. To elaborate, the Electronic Transactions Act 1999 (Cth) regulates the use of electronic signatures. However, there are several criteria that electronic signatures must fulfil to be considered legally enforceable. These are:

  • There must be consent by the recipient to receive the documents through electronic means
  • Electronic signatures must be able to identify the individual who is agreeing to the document
  • Document must clarify that the eSignature placement means that the person is accepting the document
  • Must be reliable and also appropriate for the document’s purposes

Whilst this is an effective method of signing most documents, there are some documents that should not be electronically signed. For example, migration or citizenship documents, wills and power of attorney documents. Further, you should consult a lawyer if you are unsure if your eSignature will be legally enforceable on a document.

Potential risks

Similar to handwritten signatures, there is the risk that an eSignature can be forged. However, encrypted eSignatures that are stored safely online are less susceptible to forgery than handwritten signatures. It’s important when using an eSignature that you do so within a platform or piece of software that also protects your data. An additional step you can take is to keep your signature in a password-protected folder on your laptop or phone.

For documents that need to be witnessed, the same rules apply as hand-signed documents. That is, if you’re eSigning a document, your witness must also be present and then eSign the document themselves.

Final Thoughts

eSignatures are a modern and convenient way to sign documents online. As with signing any document, you should be mindful of what you’re signing. In essence, e-Signatures are legally enforceable in the same way that hand-signed documents are.

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

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.

Can you Dismiss an Employee on Maternity Leave?

Dismissal while on parental or maternity leave in Australia is not always illegal, but it can be tricky due to strict legal protections. Consult our guide for more details.

What is Genuine Redundancy? (2026 Update)

No longer require an employee to do their job? Learn about genuine redundancy, your employees’ rights, and your business's obligations in this situation.

What is the Difference Between a Public and Private Company?

Which business structure is right for you: public vs private company? In Australia, this depends on several factors. Read our guide to learn more.