In all European Union member countries, Regulation (EU) No. 910/2014 ("eIDAS") is fully in force, requiring the implementation and use of electronic signatures in Europe to be standardized. For this reason, eIDAS was created to establish a uniform market for digital interactions and trust services, including electronic signatures, in Europe.

According to Article 25(i) of eIDAS, "An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic format or that it does not meet the requirements for qualified electronic signatures.

According to the Spanish Civil Code, as a general rule, a contract will be valid as long as two or more parties reach an agreement (whether verbally, in writing, or electronically). In Spain, electronic signatures are regulated, have full legal validity, and can be used to enter into a variety of agreements.

Law 6/2020 regulates trust services at the national level and their legal effectiveness, complementing the provisions of the eIDAS Regulation, which is the main regulation in this regard both in Spain and the rest of the European Union.

Contracts entered into electronically will be valid in Spain as long as the parties freely consent to entering into contracts for lawful purposes.

In Spain, electronic signatures can be used to sign all kinds of agreements that are not subject to restrictions that may prevent their use.

Full text of the law here.

In Germany, as a general rule, a contract will be valid as long as two or more competent parties reach an agreement (whether verbally, in writing, or electronically). Germany regulates electronic signatures through special legislation and grants them full legal validity.

In Germany, electronic signatures can be used to sign all kinds of agreements that are not subject to restrictions that may prevent their use.

Full text of the law here.

In general, according to French regulations, contracts will be valid as long as the parties have reached an agreement through written, verbal, or electronic means. Similarly, in France, a contract cannot be rejected simply because it has been signed using an electronic signature.

According to the French Civil Code, for an electronic signature to have legal effect and be presumed valid, it must: i) allow the identification of the signatory; ii) be linked to the signatory; and iii) ensure that the document is unalterable.

In France, electronic signatures can be used to sign all kinds of agreements that are not subject to restrictions that may prevent their use.

Full text of the law here.

According to Italian law, as a general rule, a contract will be valid as long as two or more parties reach an agreement (whether verbally, in writing, or electronically). Italy regulates electronic signatures and grants them full validity, with the parties to the agreement being free to agree to their use to express their consent.

Therefore, Italian law grants electronic signatures the same value as handwritten signatures.

In Italy, electronic signatures can be used to sign all kinds of agreements that are not subject to restrictions that may prevent their use.

Full text of the law here.

As a general rule in the Netherlands, the parties to an agreement can decide whether to express it verbally, in writing, or electronically. Local law regulates electronic signatures and grants them legal validity.

In the Netherlands, a non-qualified electronic signature will have the same value as a handwritten signature, provided that the signing method is sufficiently reliable based on: i) the document to be signed and its purpose; and ii) all circumstances that may be relevant in that context. To ensure this, the parties to an agreement can declare in writing their agreement that the signing method used is reliable enough for the document to be signed.

In the Netherlands, electronic signatures can be used to sign all kinds of agreements that are not subject to restrictions that may prevent their use.

Full text of the law here.

In Portugal, there is legal freedom in the methods that can be used when entering into a contract: the vast majority of agreements can be made in writing, verbally, or electronically (unless the law expressly requires written form). Similarly, through Law No. 290-D/99, Portugal expressly recognizes the validity of electronic signatures and regulates their use.

In Portugal, electronic signatures can be used to sign all kinds of agreements that are not subject to restrictions that may prevent their use.

Full text of the law here.

Irish law regulates and grants legal validity to electronic signatures. Therefore, electronic signatures must have the same effect in Ireland as handwritten signatures, and the parties to an agreement can choose which type of signature to use. Irish law specifically states that the validity of a document cannot be denied simply because it contains an electronic signature. Similarly, an electronic document will be valid as evidence to prove the existence, authenticity, and acceptance of an agreement. In Ireland, electronic signatures can be used to sign all kinds of agreements that are not subject to restrictions that may prevent their use. Full text of the law here.

For a contract to be valid in the United Kingdom, as a general rule, two or more parties must reach an agreement, whether verbally, in writing, or electronically. The Electronic Communications Act regulates electronic signatures and grants them legal validity, allowing parties to express their consent through their use. Furthermore, according to local practice, the validity of an agreement cannot be denied simply because it contains an electronic signature. In the United Kingdom, electronic signatures can be used to sign all kinds of agreements that are not subject to restrictions that may prevent their use. Full text of the law here.

In Switzerland, as a general rule, a contract will be valid if two or more parties reach an agreement, regardless of how they present it, whether verbally, in writing, or electronically. Switzerland regulates electronic signatures in its local legislation and grants them legal validity. Electronic signatures cannot be used when the law requires special formalities. In Switzerland, there are three types of signatures: i) simple: data logically linked to other electronic data used to verify its authenticity; ii) advanced: uniquely linked to its owner, allowing identification of the owner, created by means that the owner can keep under exclusive control and linked to the data in a way that any subsequent modification is detectable; and iii) qualified: advanced electronic signatures based on a secure signature creation device. Although the qualified electronic signature is the only one comparable to a handwritten signature, simple and advanced electronic signatures are also valid and have legal effects. This is why simple and advanced electronic signatures, depending on the document in question, may require additional evidence in case of litigation. In Switzerland, electronic signatures can be used to sign all kinds of agreements that are not subject to restrictions that may prevent their use. Full text of the law here.

In Andorra, electronic signatures are regulated and valid. Therefore, as a general rule, parties can enter into agreements using an electronic signature, except when the law expressly requires a handwritten signature. Andorran law regulates electronic signatures very similarly to the eIDAS Regulation, establishing three types of electronic signatures: simple, advanced, and qualified. The Law on Electronic Trust Services expressly states that when a law requires a person's signature, that requirement can be met using an appropriate electronic signature for the specific act. In Andorra, electronic signatures can be used to sign all kinds of agreements that are not subject to restrictions that may prevent their use. Full text of the law here.

In Scotland, a contract will be valid if two or more parties reach an agreement (regardless of the format: written, verbal, or electronic). Electronic signatures are regulated in Scotland and have full legal validity. In Scotland, as in European Union member countries, there are three types of electronic signatures: simple, advanced, and qualified. All three types of signatures are valid, and the choice between them depends on the document to be signed. A document containing a non-qualified electronic signature will be admissible as evidence in Scotland. If any of the parties denies the validity of such a document, it will be the responsibility of the party claiming its existence to prove its validity. Electronic signatures can be used to sign all kinds of agreements in Scotland that are not subject to restrictions that may prevent their use.

According to the Mexican Civil Code, as a general rule, a contract will be valid when two or more parties reach an agreement (whether verbally, in writing, or electronically). Likewise, the Mexican Commercial Code states that legal effect, validity, or binding force cannot be denied to any information solely because it is contained in a data message. Mexico regulates and recognizes electronic signatures as legal and applicable. The Commercial Code states that electronic signatures will be reliable as long as: i) the signature creation data corresponds exclusively to the signatory and remains under their exclusive control; and ii) any alteration after the moment of signature is detectable. According to the Mexican Code of Civil Procedures, electronic records created using an electronic signature will be admitted as judicial evidence. In Mexico, electronic signatures can be used to sign all kinds of agreements that are not subject to restrictions that may prevent their use. Full text of the law here.

According to the Colombian Civil Code, as a general rule, a contract will be valid when two or more parties reach an agreement (whether it be verbal, written, or electronic). Electronic signatures are regulated by Colombian legislation and have full legal validity, unless the applicable regulation for the contract or document in question specifically requires the use of a handwritten signature. Likewise, Law 527/99 establishes that contracts cannot be rejected solely because they have been made electronically. An advanced signature, as defined by the European Union, meets the legal requirements to be considered reliable, as it identifies the signer, maintains the integrity of the document, and ensures that the signature can only be associated with a single signer, using a significant amount of information and a timestamp authority to guarantee its integrity. In Colombia, electronic signatures can be used to sign all types of agreements that are not subject to restrictions that may prevent it. The full text of the law can be found here.

According to the Argentine Civil and Commercial Code, as a general rule, a contract will be valid as long as two or more parties reach an agreement (whether it be verbal, written, or electronic), unless the law specifically requires the presence of a handwritten signature. Law 25.506 recognizes and grants legal validity to electronic signatures, stating that they are admissible as evidence in legal proceedings. Similarly, the Argentine Civil and Commercial Code establishes that electronically made documents will have the same validity as handwritten documents, although a court may require additional evidence in addition to those electronic documents. In Argentina, electronic signatures can be used to sign all types of agreements that are not subject to restrictions that may prevent it. The full text of the law can be found here.

According to Chilean civil law, a contract will be valid as long as two or more parties reach an agreement (whether it be verbal, written, or electronic), unless the law specifically requires the presence of a handwritten signature. That is why, when expressing their consent, the parties can agree to use electronic signatures. Law 19.799 establishes that documents signed with electronic signatures will have the same validity and produce the same effects as those made on paper. Likewise, in Chile, the validity of a contract cannot be rejected simply because it was concluded using electronic signatures. In Chile, electronic signatures can be used to sign all types of agreements that are not subject to restrictions that may prevent it. The full text of the law can be found here.

In Canada, as a general rule, contracts will be valid as long as there is an agreement between the parties (whether verbal or through a physical or electronic document). Canada broadly defines electronic signatures and does not establish minimum technological requirements to grant them legal validity. Electronic signatures will have the same value as handwritten signatures and can be used to enter into agreements as long as the parties involved agree to it. There is no need for express consent from the parties; it can be inferred from their conduct. In Canada, electronic signatures can be used to sign all types of agreements that are not subject to restrictions that may prevent it. The full text of the law can be found here.

According to the regulations of the United States, electronic documents will have the same legal value as physical documents, clearly establishing that the effect, validity, and legal enforceability of a document will not be denied simply because it is presented in electronic format. That is why parties can freely choose to enter into an agreement electronically. Federal regulations in the United States do not require minimum technological requirements to grant validity to electronic signatures, and parties can choose whether or not to use electronic or digital signatures (this allows parties to an agreement to choose whether they want to use simple, advanced, or qualified electronic signatures, according to the classifications used in Europe). In the United States, electronic signatures can be used to sign all types of agreements that are not subject to restrictions that may prevent it.

The full text of the law can be found here.

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