Electronic Signature (E-Signature)

For most business contracts — NDAs, service agreements, proposals, and employment offers — a standard electronic signature (SES) is legally sufficient. QES is only required in specific regulated contexts like real estate transfers or certain government filings in the EU.

**How electronic signatures work**

The process typically follows these steps: 1. The sender creates or uploads a document 2. The document is sent to the recipient via email with a secure signing link 3. The recipient reviews the document and applies their signature (typed name, drawn signature, or handwriting-style font) 4. A signing certificate is generated with timestamps, IP addresses, and a cryptographic hash (usually SHA-256) of the document 5. Both parties receive the signed PDF with the certificate appended

**Electronic signature vs digital signature**

These terms are often confused. An electronic signature is any electronic indication of intent to sign — it's a legal concept. A digital signature is a specific cryptographic technology using public-key infrastructure (PKI). All digital signatures are electronic signatures, but not all electronic signatures are digital signatures. For most business use cases, a standard electronic signature with an audit trail is sufficient.

**What makes an e-signature legally defensible?**

Courts look for five elements: (1) intent to sign, (2) consent to do business electronically, (3) association between the signature and the document, (4) record retention capability, and (5) an audit trail proving when and how the signature was applied. A well-implemented e-signature solution captures all five automatically.