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

Do You need an ABN to Sell on Facebook? (2026 Update)

Looking to sell your products or second-hand items on Facebook? Find out whether you need an ABN to sell on Facebook here.

What is a Patent? (2026 Update)

A patent is a form of legal protection which grants you exclusive commercial rights to your invention. Find out more here.

How To Write A Business Plan (2026 Update)

A business plan gives your venture direction from the outset. Read this guide to find out how you write a business plan.

A Guide to Using Employment Agreements (2026 Update)

Employment agreements let you set out the terms of employment particular to the role you're hiring for. Find out how to use them here.

7 Critical Things To Know About Importing Goods From Overseas in Australia (2026 Update)

Are you thinking about importing goods from overseas? Read this article to find the legal requirements you need to know.

3 Reasons to Get a Registered Virtual Office Address (2026 Update)

Having a virtual office address for your company not only protects your privacy, but can also make your company more efficient. Read more here.