United Kingdom

Overview

Prior to Brexit, the UK complied with the Electronic Identification, Authentication, and Trust Services (eIDAS) regulation which defines the legal structure for electronic identification, signatures, seals, and documents in the European Union. After leaving the EU on January 31, 2020, the UK created its own legislation derived from the eIDAS regulation. Electronic signatures are also regulated by the Electronic Communications Act (ECA 2000) in the UK.

The UK eIDAS regulation recognizes the following three levels of electronic signatures:

Simple or Standard Electronic Signature (SES)
This type of signature is generally defined as data in electronic form which is attached or logically associated with other data in electronic form, and which is used by a signatory to sign. It is an electronic form of a signature that a signer applies to a document as evidence of their intent to sign.

Advanced Electronic Signature (AES)
An Advanced Electronic Signature is a Standard Electronic Signature that meets the following requirements:

• It is uniquely linked to the signer. 
• It is capable of identifying the signer. 
• It is produced using electronic signature creation data that the signatory can, with a high level of confidence, use under their sole control. 
• It is linked to the signed data in such a way that any subsequent change in the data is detectable.  

Qualified Electronic Signature (QES)
A Qualified Electronic Signature is an Advanced Electronic Signature that’s created by a qualified electronic signature creation device and is based on a qualified certificate for electronic signatures.

The following are examples of documents that can generally be signed electronically:

• Finance: Consent forms, broker contracts, loan applications, financial statements, tax forms, account openings, financial statements, transaction disputes, and underwriting documents

• Human Resources: Employment contracts, onboarding paperwork, non-disclosure agreements, company policies, offer letters, and severance agreements

• Sales: Order confirmations, invoices, sales agreements, quotes, proposals, service agreements, partner contracts, and terms and conditions

• Legal: Compliance documents, confidentiality agreements, client and stakeholder reports, engagement letters, and practice continuation agreements

Under UK law, certain documents must be signed with a traditional wet signature. Some examples include:

• Deeds 
• Powers of Attorney 
• Real estate documents concerning the sale of land  
• Banking documents related to real estate transactions 
• Lending documents to the extent borrower's obligations are secured on real estate 
• Government filings 

1. The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019: https://www.legislation.gov.uk/uksi/2019/89/contents/made

DISCLAIMER: This information provides general knowledge on the legal framework for electronic signatures. It should not be taken as a substitute for qualified legal counsel. As regulations constantly evolve, Nitro cannot guarantee that this information is up to date. For further advice, seek out the expertise of a qualified lawyer.