An electronic signature is any electronic sign that a person agrees to something, from a typed name to a click, while a digital signature is a specific cryptographic method that uses a private key and a certificate to prove who signed and that the document has not changed since. In both the EU and the US, electronic signatures are generally valid for most business documents, but a certificate-based digital signature gives much stronger proof, and in the EU only a qualified electronic signature has the same legal effect as a handwritten one.
This article explains what each type proves, how EU and US law treat them, and how to choose the right level for a document.
The short answer
- Electronic signature is the legal idea: a person’s intent to sign, expressed in electronic form.
- Digital signature is a technology: public key cryptography that can make an electronic signature strong and verifiable.
Most business documents can be signed electronically. The real question is how much proof you need if the signature is ever challenged.
What each one proves
| Question | Simple electronic signature (typed name, click, scanned image) | Certificate-based digital signature |
|---|---|---|
| Who signed? | Depends on the login, email or audit trail around it | Linked to a certificate issued to a checked identity |
| Has the document changed? | Not shown by the signature itself | Any change breaks the signature at verification |
| When was it signed? | System clock or audit log | Can include a trusted timestamp |
| How it holds up if challenged | Relies on supporting evidence | Strong, independently verifiable evidence |
A digital signature fails verification if even one character of the signed document changes, and the certificate ties the signature to a verified person or organization.
The EU view: eIDAS and its three levels
In the EU, electronic signatures are governed by the eIDAS Regulation, Regulation (EU) No 910/2014. Article 25 says an electronic signature cannot be denied legal effect or refused as evidence in legal proceedings just because it is electronic or does not meet the requirements for a qualified signature.
eIDAS recognizes three levels:
- Simple electronic signature (SES): data in electronic form that a signer attaches to, or logically associates with, other data to sign it, such as a typed name or a click.
- Advanced electronic signature (AdES, Article 26): uniquely linked to the signer, capable of identifying them, created with data the signer can use under their sole control, and linked to the signed data so that any later change can be detected.
- Qualified electronic signature (QES): an advanced signature created with a qualified signature creation device and based on a qualified certificate. Under Article 25, it has the same legal effect as a handwritten signature, and a QES based on a qualified certificate issued in one member state is recognized as a QES in all other member states.
Regulation (EU) 2024/1183, often called eIDAS 2.0, amends the original regulation and keeps these three levels. eIDAS also defines electronic seals, the organization-level counterpart of a signature. Qualified certificates come from qualified trust service providers, which we explain in our checklist for becoming a QTSP under eIDAS 2.0.
The US view: ESIGN and UETA
In the US, the federal ESIGN Act (2000) and state laws based on the Uniform Electronic Transactions Act (UETA) say that a signature or record cannot be denied legal effect only because it is electronic. Most states have adopted UETA.
There are no formal levels like those in eIDAS. What matters in practice is intent to sign, consent to do business electronically, a clear link between the signature and the record, and keeping an accurate copy of the record.
ESIGN also lists exceptions (15 U.S.C. 7003). They include wills, codicils and testamentary trusts; adoption, divorce and other family law matters; court orders and official court documents; and certain notices, such as utility shut-offs, foreclosure or eviction affecting a primary residence, cancellation of health or life insurance, and product recalls.
Why digital signatures hold up better in disputes
- Integrity: any change to the document shows up when the signature is verified.
- Identity: the certificate ties the signature to a checked person or organization.
- Time: a trusted timestamp proves when the document was signed. See trusted RFC 3161 timestamps with DictaLabs TSA, and our guide to how RFC 3161 timestamping works.
- Long-term validity: PDF signature formats such as PAdES can embed the validation data, so the signature can still be checked years later.
- Audit trail: a record of who opened, approved and signed the document, and when.
Which signature should you use?
- Low-risk internal approvals: a simple electronic signature with a good audit trail.
- Contracts, HR and finance documents: an advanced or certificate-based digital signature.
- Regulated or cross-border EU documents where the law or the other party asks for it: a qualified electronic signature.
When in doubt, ask your legal team which level a document needs.
A note on legal advice
This article is general information, not legal advice. Rules differ by country, state and document type.
How vScrawl fits
vScrawl digital signature software is the DictaLabs platform for digital signatures and document workflows. According to its product page, vScrawl:
- supports standard digital signature protocols for eIDAS-aligned signatures in the EU and for ESIGN Act and UETA compliance in the US;
- offers native PDF signing, cryptographically sealed signatures, tamper detection with long-term validation support, and a complete audit trail for every signed document;
- automates multi-step approval and signing workflows with role-based signers, reminders and reusable templates, with mobile apps for iOS and Android and REST APIs;
- provides PKI-backed signatures, secure key storage with HSM support through the DictaLabs ecosystem, and integration with enterprise PKI, including DictaLabs CA.
DictaLabs also offers guidance on selecting appropriate signature levels and compliance models for your jurisdiction. Organizations that plan to offer qualified or non-qualified trust services themselves can turn to DictaLabs eIDAS trust service consulting.
Next step
To see how vScrawl handles signing workflows, or to talk about the right signature level for your documents, contact DictaLabs and ask for a vScrawl demo.
