How to Create Legally Binding E-Signatures (Complete Guide 2026)

What Makes an E-Signature Legally Binding?

A legally binding electronic signature must meet four criteria, regardless of the tool you use:

• Intent to sign: The signer must clearly intend to sign the document (clicking "I agree" or drawing a signature both count).
• Consent to do business electronically: Both parties must agree to conduct the transaction digitally.
• Association with the document: The signature must be logically linked to the document being signed.
• Record retention: The signed document must be stored and accessible to all parties.

The Laws That Govern E-Signatures

United States: eSign Act & UETA

The Electronic Signatures in Global and National Commerce Act (eSign Act, 2000) and the Uniform Electronic Transactions Act (UETA) establish that electronic signatures carry the same legal weight as handwritten signatures in the US. Both apply to virtually all commercial and consumer contracts.

European Union: eIDAS

The eIDAS Regulation (EU 910/2014) establishes three tiers of electronic signatures: Simple (SES), Advanced (AES), and Qualified (QES). For most business contracts, Simple Electronic Signatures are legally valid. Qualified E-Signatures have the strongest legal standing and require identity verification.

United Kingdom: Electronic Communications Act

Post-Brexit, the UK follows the Electronic Communications Act 2000 and the eIDAS (retained) Regulation. E-signatures are valid for the vast majority of commercial contracts.

Other Jurisdictions

Canada (PIPEDA), Australia (Electronic Transactions Act), India (IT Act), and 60+ other countries have enacted equivalent legislation. In practice, e-signatures are accepted for virtually all B2B and B2C contracts globally.

What Can't Be Signed Electronically?

A small category of documents still requires wet signatures or notarization:

• Wills and testamentary documents (varies by jurisdiction)
• Real estate deeds and mortgage documents (some US states)
• Court orders and certain legal filings
• Power of attorney (some jurisdictions require notarization)

For everyday business — NDAs, service agreements, employment contracts, freelance contracts, SaaS terms — e-signatures are fully legally valid.

What Makes an E-Signature Platform Trustworthy?

For your signatures to hold up in a dispute, the platform you use should provide:

• Audit trail: A log of who signed, when, and from which IP address.
• Identity verification: At minimum, email verification for each signer.
• Document integrity: The signed PDF should be tamper-evident after signing.
• Secure storage: Signed documents stored securely and accessible long-term.

How to Create a Legally Binding E-Signature with Writ (QuikDB)

Here's the process from start to signed document:

1. Create or upload your document — Use the built-in editor or paste content from another tool.
2. Add signature fields — Drag and drop signature, date, and initial fields onto the document for each recipient.
3. Set recipients — Add the signer's name and email address. Assign fields to specific signers.
4. Send for signature — Click Send. Each recipient receives an email with a secure signing link.
5. Signer completes the document — They draw or type their signature, no account required.
6. Download signed document — Both parties receive the signed PDF with a full audit trail.

Frequently Asked Questions

Is typing your name a legally binding signature?

Yes. Typing your name in a signature field meets the "intent to sign" requirement under eSign Act and eIDAS. It's as legally valid as a drawn signature.

Can I use an e-signature for an NDA?

Absolutely. NDAs are one of the most common use cases for e-signatures. An electronically signed NDA is legally enforceable in the US, EU, and most other jurisdictions.

Do both parties need to be online at the same time?

No. E-signature workflows are asynchronous. You send the document; the recipient signs whenever they're ready. You get notified when they complete it.