United Kingdom: UK eIDAS Regulation and Electronic Communications Act 2000
Signature level: Portant provides simple electronic signatures (SES). It does not provide advanced (AES) or qualified (QES) electronic signatures, and it does not verify signer identity.
Under the UK eIDAS Regulation, an electronic signature cannot be refused legal effect only because it is electronic. Whether a signature works for a particular document depends on the document type and any formalities it needs, such as a witness. This page explains the UK rules, what Portant does, and which documents need more than a simple electronic signature. It is not legal advice. For regulated or high-value documents, check with a lawyer.
Overview of UK electronic signature law
UK eIDAS Regulation (Regulation (EU) No 910/2014 as it forms part of UK law; assimilated law since 1 January 2024)
- Location: United Kingdom. The EU version is a separate law; see European Union: eIDAS Regulation.
- Key point: Defines three kinds of electronic signature: simple, advanced and qualified. Article 25(1) says an electronic signature cannot be refused legal effect, or admission as evidence, only because it is electronic or is not a qualified signature. Article 25(2) gives a qualified signature the same legal effect as a handwritten one.
Electronic Communications Act 2000
- Location: United Kingdom.
- Key point: Section 7 makes an electronic signature admissible as evidence in legal proceedings about whether a communication or data is authentic or unchanged.
Common law (England and Wales)
- Key point: The Law Commission's 2019 report found that an electronic signature can be used to sign a document, including a deed, if the signer intends to authenticate the document and any formalities for that document are met.
When and where these laws apply
- Type of transactions: Most commercial and personal documents, such as contracts, agreements, quotes and acknowledgments. Some documents need more than a simple electronic signature. See Documents that need more below.
- Jurisdictions: UK eIDAS and the Electronic Communications Act 2000 apply across the UK. England and Wales, Scotland and Northern Ireland each have their own rules for formal documents.
- Intent: The signer must intend to authenticate the document, and any formalities for that document must be met.
What Portant records and how it helps
| Topic | Why it matters | What Portant does |
|---|---|---|
| Signer intent | The signer must intend to authenticate the document, and any formalities for that document must be met. | In every signing flow, the signer ticks a box confirming "I understand that this is a legal representation of my signature" before they sign. This confirms their intent to sign. |
| Document integrity | Evidence that the document has not changed since signing. | Every signed PDF is locked and hashed. Anyone can check whether a file is an unchanged Portant document at sign.portant.co. This check does not show who signed, when, or from where. |
| Signing record | A record of the signing process is useful evidence if a signature is questioned. | On paid plans (Pro, Team and Enterprise), the audit trail adds a page to the end of the signed PDF. It shows when the document was sent, each time each recipient opened it and each signature (with email, date and time, IP address, approximate location and device), and when the document was completed. The Free plan does not include it. |
| Time of signing | The time of signing helps show when the document was agreed. | On paid plans, the audit trail page shows the date and time of each signature. If you add a Date placeholder to the document, it shows the date the document was signed. |
| Keeping a copy | Each party may need their own copy of what they signed. | The signed PDF is saved where your workflow sends its outputs, for example the HubSpot record, Google Drive, SharePoint or OneDrive, or Portant hosting. Each signer can get a copy of the signed PDF when you turn on signature receipts. |
| Data protection | Personal data in signed documents is covered by the UK GDPR and the Data Protection Act 2018. | Portant hosts data on Google Cloud Platform (GCP). For how Portant handles personal data, see the Data Protection Addendum. |
| Who can sign and manage | Limiting who can sign reduces disputes about who signed. | Portant does not verify who opens or signs a document. Anyone with a signing link can sign, including someone a recipient forwards the request email to. Team roles control who can create, run and view workflows. |
UK eIDAS signature levels
UK eIDAS defines three kinds of electronic signature: simple (SES), advanced (AES) and qualified (QES). Portant provides SES only.
| Signature level | Description | Portant |
|---|---|---|
| Simple Electronic Signature (SES) | Any signature in electronic form that the signer uses to sign. It cannot be refused legal effect only because it is electronic. | Provided. This is the level Portant offers. |
| Advanced Electronic Signature (AES) | Must be uniquely linked to the signer, capable of identifying them, created using signature data the signer can use with a high level of confidence under their sole control, and linked to the document so any later change is detectable (Article 26). | Not provided. Portant does not verify signer identity. |
| Qualified Electronic Signature (QES) | An advanced signature made with a qualified signature creation device and based on a qualified certificate. It has the same legal effect as a handwritten signature (Article 25(2)). | Not provided. |
Note: If a document needs an AES or QES, sign it with a provider that offers that level.
Practical considerations
- Make the signer's intent clear. Make sure the document and the request show what the signer is agreeing to. Before they sign, the signer confirms that it is a legal representation of their signature.
- Send to the right person. Anyone with a signing link can sign, and a forwarded request email can be signed by whoever receives it. Send sensitive requests only to recipients you trust.
- Keep the signed PDF. Every signed PDF is locked and hashed, so anyone can confirm at sign.portant.co that a file is an unchanged Portant document. Keep that file as your record, and turn on signature receipts so each signer gets their own copy.
- Turn on the audit trail (paid plans). On Pro, Team and Enterprise, turn on the Audit trail toggle before you send the request, so the audit page is added to the signed PDF. It works on workflow signature requests, signing links and Signatures tab uploads. You cannot add it to a PDF that is already signed. See Audit trail.
- Check the signature level. Portant provides SES only. If a document needs an AES or QES, use a provider that offers it.
- Check documents with extra formalities. See the list below. For regulated or high-value documents, check with a lawyer.
Documents that need more than a simple electronic signature
- Wills (England and Wales). A will must be in writing and signed by the person making it in the presence of two witnesses who are present at the same time (Wills Act 1837, section 9). Wills cannot currently be made or signed electronically in England and Wales.
- Deeds (England and Wales). A deed signed by an individual must be signed in the presence of a witness who attests the signature, and delivered as a deed (Law of Property (Miscellaneous Provisions) Act 1989, section 1(3)). Companies execute deeds under the Companies Act 2006, sections 44 and 46. An electronic signature can be used on a deed only if these formalities are met, including a witness who is physically present. Portant does not record or attest a witness.
- Lasting powers of attorney (England and Wales). These must be made on the prescribed form and signed with a witness and a certificate provider (Mental Capacity Act 2005, Schedule 1).
- Registered land. Deeds sent to HM Land Registry must meet its own rules on electronic signatures (HM Land Registry Practice Guide 82).
- Formal documents in Scotland. Documents that must be in writing under section 1(2) of the Requirements of Writing (Scotland) Act 1995, such as contracts for interests in land, need an advanced electronic signature to be valid when signed electronically (Electronic Documents (Scotland) Regulations 2014, regulation 2), and a higher standard again to be self-proving. Portant's simple signatures do not meet either standard.
- Northern Ireland. Wills (Wills and Administration Proceedings (Northern Ireland) Order 1994, article 5) and deeds (Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005, article 3) have their own witnessing rules.
- Trade documents. Bills of exchange, bills of lading and similar documents can be electronic only if they meet the Electronic Trade Documents Act 2023 criteria, which include a reliable system that gives exclusive control. A signed PDF does not meet them.
- Court and registry filings. Documents filed with a court or a public registry must follow that body's own rules.
Conclusion
Portant provides simple electronic signatures. Under the UK eIDAS Regulation, an electronic signature cannot be refused legal effect only because it is electronic. Some documents need a witness, a higher signature level or a registry's own process. This page is not legal advice. For regulated or high-value documents, check with a lawyer.
If you have questions about Portant's signatures, get in touch.