The Statutory Framework in the UK
Yes, electronic signatures are legally binding in the United Kingdom under Section 7 of the Electronic Communications Act 2000, retained UK eIDAS Regulation (EU) No 910/2014, and the 2019 Law Commission report on electronic execution of documents.
For commercial contracts, service agreements, employment contracts, non-disclosure agreements, and contractor terms, UK law treats electronic signatures with the same legal weight as a wet-ink pen signature.
Section 7(1) of the Electronic Communications Act 2000 explicitly provides that an electronic signature and its certification 'shall each be admissible in evidence in relation to any question as to the authenticity of the communication or data or as to the integrity of the communication or data.'
Furthermore, Article 25(1) of the retained UK eIDAS Regulation establishes that 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 form.
The Law Commission confirmed that under the law of England and Wales, an electronic signature is capable of executing any document (including contracts requiring a statutory signature), provided the signatory intended to authenticate the document.
The Common Law Test: Intention to Authenticate
Under English common law, the definitive test of whether an agreement was executed is whether the mark was applied with the deliberate intention of authenticating the document.
Landmark judicial rulings, including J Pereira Fernandes SA v Mehta [2006] EWHC 813 (Ch) and Neocleous v Rees [2019] EWHC 2462 (Ch), affirm that English courts look at substance over form.
To satisfy this standard conclusively, ChickenSign requires every signer to explicitly confirm the following statutory declaration prior to applying their signature: 'I intend to authenticate this document with my electronic signature. I am the person named as the signer. I have read the document. I understand this is a simple electronic signature under section 7 of the Electronic Communications Act 2000 and the UK eIDAS rules.'
This statement is logged in the permanent cryptographic ledger alongside the exact London timestamp.
When Are Electronic Signatures Not Permitted?
Electronic signatures cannot be used for documents requiring strict statutory formalities, specifically Wills and Codicils, Lasting Powers of Attorney, Statutory Declarations, and Deeds requiring physical witness attestation.
While 95%+ of everyday commercial agreements can be signed electronically, English law retains specific carve-outs where wet ink or strict statutory witnessing is mandatory.
For example, Section 9 of the Wills Act 1837 requires two witnesses to be physically present at the same time. ChickenSign strictly prohibits and refuses execution of Wills, LPAs, and Land Registry transfer deeds.
