Electronic signature

An electronic signature is any electronic sound, symbol or process that a person attaches to a record with the intent to sign it. That definition, taken almost word for word from US law, is deliberately broad: a typed name, a drawn squiggle on a touchscreen, a click on an "I agree" button or an e-signature (sometimes written esignature) applied through an online platform can all qualify.

What turns a mark into a signature is not its appearance but the surrounding facts. Courts and regulators generally ask whether the person intended to sign, whether they consented to doing business electronically, whether the signature can be attributed to them, and whether the signed record was kept in a form that can be reproduced accurately later. Good e-signature tools exist mainly to capture evidence for those questions.

In practice, a typical flow looks like this. A freelance designer uploads a project agreement as a PDF, places a signature field for the client, and sends it. The client opens a link from their email, reviews the document, types or draws a signature and clicks to finish. The platform records each step with timestamps and produces a finished copy that both sides can download and keep.

A common misconception is that an electronic signature must be encrypted or certificate-based to be legal. That describes a digital signature, which is one specific cryptographic technique. In the United States, the ESIGN Act and UETA give electronic signatures the same legal effect as handwritten ones for most transactions, without prescribing any technology. A few document types, such as wills and certain court or family-law papers, are commonly carved out, so it is worth checking the rules that apply to your situation.

Another myth is that a signature image alone proves anything. On its own, a pasted image of someone's handwriting is weak evidence. What makes an electronic signature defensible is the record around it: the audit trail showing who received the document, when they opened it and from which device, plus a way to show the file has not changed since.

eSignSimple handles electronic signatures the straightforward way. You send a PDF, set a signing order if needed, and signers complete it without creating an account. Every completed document gets an audit trail with timestamps, IP address and device details, a certificate of completion, and a SHA-256 hash of the final file that anyone can check on our public /verify page. These are simple electronic signatures, not qualified or advanced ones.

Our take: for the everyday agreements most small businesses sign, from NDAs to leases to offer letters, a well-documented electronic signature is all you need. Spend your energy on clear documents and good records rather than chasing heavier signature types the law does not require of you.