Is an electronic signature legal in Ireland?

Consent and signature requirements

Where a law requires a signature, section 13 allows an electronic signature to be used if the person to whom it is given consents. Public bodies may set their own technical requirements for signatures given to them.

In practice, sending a document through an e-signature platform and having the other party sign it is strong evidence of consent. Keep the audit trail as proof.

Witnessing and seals

Where a document must be witnessed, section 14 allows this to be satisfied electronically if both the signer and the witness use advanced electronic signatures based on qualified certificates.

Where a document must be sealed, section 16 allows an advanced electronic signature based on a qualified certificate to satisfy that requirement. A simple e-signature is not enough in either case.

Exclusions under section 10

The Act does not apply to wills, codicils and other testamentary instruments; trusts; enduring powers of attorney; the creation, acquisition or transfer of interests in real property; affidavits and statutory or sworn declarations; and rules and procedures of the courts.

Contracts for the sale or other disposition of interests in real property are still covered, even though the transfer itself is excluded.

Practical tips for businesses in Ireland

Everyday commercial contracts, employment offers, NDAs and service agreements are commonly e-signed. Check whether a document needs witnessing or a seal, and whether it falls within the section 10 exclusions.

eSignSimple provides simple electronic signatures with an audit trail (timestamps, IP addresses and a document hash). It is not a qualified trust service provider and does not issue qualified electronic signatures, so use a QES provider where the law requires one.

This page is general information about how electronic signature law works, not legal advice. For a specific high-value or regulated transaction, check with a qualified lawyer in the relevant jurisdiction.