Does an electronic signature have legal value in the United Kingdom?
The eIDAS Regulation
The eIDAS regulation sets out the rules for the legal use and recognition of electronic signature certificate issuance services in the Member States of the European Union. A trusted service provider must comply with these regulations.
The European Commission identifies and lists by country the qualified trust service providers recognized throughout Europe.
The eIDAS Regulation also establishes the principle of non-discrimination. The legal admissibility of a signature cannot, therefore, be refused on the grounds that it is in electronic format. Any electronic signature made through a trusted service certified by a European Union country, therefore, has evidential value within the whole European Union.
Application in the United Kingdom
The European eIDAS regulation has been transposed into English law via the statutory instrument “The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016”. This regulatory text and section 7 of the Electronic Communications Act 2000 are the two legislative documents that establish the legal value of the electronic signature in the United Kingdom. They reflect the rules of use and the principle of non-discrimination established by the eIDAS Regulation.
In the United Kingdom, the ICO (Information Commissioner's Office) is the supervisory body in charge of the qualification of trust service providers, which are then recognized at the European level. It identifies and monitors trusted service providers to ensure their compliance with the eIDAS Regulation.
Which documents should I sign electronically in the United Kingdom?
Documents and use cases of electronic signatures
Employment contracts, quotations, commercial agreements, real estate purchases, etc.: with a few rare exceptions, the vast majority of documents can be signed electronically in the United Kingdom. The electronic signature applies to all professions and sectors of activity.
Exceptions
Some documents need to be handwritten and are therefore not suitable for electronic signature.
Real estate documents that are handwritten and/or that must be recorded with the land registry and the property tax registry are therefore excluded. Also concerned are various rental documents such as leases of more than 3 years’ duration.
e.g.: lease amendment deed, lease assignment, deed of transfer of ownership, mortgage, easement deed, etc.
Several documents related to family law are also exceptions, requiring handwritten references.
e.g. marriage contract, separation agreement, exclusion of liability clauses.
Documents intended for the tax authorities (HM Revenue & Customs) requiring payment of stamp duty) cannot be signed electronically either.
Finally, documents such as company accounts that cannot be registered via the web services of Companies House are excluded
Legal value of Yousign electronic signatures
Certification authority
Certification authority
Yousign issues its own certificates in accordance with the eIDAS regulation, making it a recognised certification authority (CA) in Europe. This level allows Yousign to provide more secure electronic signatures using digital certificates.
Trusted third parties
Trusted third parties
Yousign is a player in digital trust that protects both its customers and users, the data and documents exchanged, and accepts legal liability for the services offered.
Yousign is included in the European Commission's global list of qualified trust service providers.
ETSI certification
ETSI certification
Yousign has ETSI certification for electronic signatures, electronic seals, and time stamps.
View our ETSI compliance certificates:
Certificate for electronic signature
Qualified certificate for electronic signature
Certificate for electronic seal
Qualified certificate for electronic seal
Qualified Time Stamp
eIDAS qualification
eIDAS qualification
Yousign meets the requirements of the European eIDAS regulation.
View our eIDAS qualifications:
Qualified certificate for electronic signature
Qualified certificate for electronic seal
Qualified Time Stamp
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