eIDAS & ESIGN Compliance in 2026: What You Need to Know

Electronic signatures have transformed business globally, but legal compliance remains complex. With regulations varying by country and use case, understanding what makes an e-signature legally binding is critical for businesses operating internationally.

The Three Global E-Signature Frameworks

1. eIDAS (European Union)

The Electronic Identification, Authentication and Trust Services regulation establishes a legal framework for electronic signatures across all EU member states.

Three Types of Electronic Signatures:

Simple Electronic Signature (SES):

Advanced Electronic Signature (AES):

Qualified Electronic Signature (QES):

When You Need QES:

2. ESIGN Act (United States)

The Electronic Signatures in Global and National Commerce Act (2000) makes e-signatures legal and enforceable in the United States.

Key Requirements:

1. Intent to Sign

The signer must demonstrate clear intent to sign electronically.

2. Consent to Electronic Records

All parties must agree to conduct business electronically.

3. Association with Record

The signature must be logically associated with the document.

4. Record Retention

Electronic records must be capable of retention and reproduction.

5. Consumer Disclosures

For consumer transactions, specific disclosures are required.

Documents Excluded from ESIGN:

3. UETA (Uniform Electronic Transactions Act)

Adopted by 47 US states, UETA provides state-level legal framework:

Core Principles:

Compliance Checklist for Your E-Signature Platform

For EU Operations (eIDAS):

For US Operations (ESIGN/UETA):

International Considerations

Cross-Border Transactions

United States ↔ European Union:

Asia-Pacific:

- Singapore: Electronic Transactions Act (ETA)

- Australia: Electronic Transactions Act 1999

- Japan: Act on Electronic Signatures and Certification Services

- India: Information Technology Act, 2000

Mutual Recognition

Most countries recognize foreign e-signatures if they meet local standards. However:

Best Practices for Compliance

1. Know Your Transaction Type

High-risk transactions (real estate, wills, trusts) often have stricter requirements than commercial contracts.

2. Document Everything

Maintain comprehensive audit trails:

3. Use Qualified Trust Services

For EU QES requirements:

4. Enable Signature Verification

Your platform must allow anyone to verify:

5. Retention Policies

Establish clear policies for:

Space Sign Compliance Features

Space Sign is built for global compliance:

eIDAS Compliant:

ESIGN/UETA Compliant:

Additional Features:

Future Regulatory Trends

2026 and Beyond

European eIDAS 2.0:

US Developments:

Global Harmonization:

Conclusion

E-signature compliance isn't one-size-fits-all. The right approach depends on:

By understanding eIDAS, ESIGN, and UETA requirements—and implementing proper technical controls—you can confidently deploy e-signatures that are legally binding worldwide.

Need compliance guidance for your specific use case? [Request a consultation](/request-a-demo) with our legal compliance team.