Digital signature legal requirements: When are they legally binding?
February 10, 2026
A digital signature is a secure way to verify who signed an electronic document and to confirm that the contents have not been altered. Built on public key infrastructure (PKI), it uses a digital certificate and cryptographic keys to authenticate the signer’s identity and protect digital documents and messages from tampering or fraud.
While they serve a similar purpose to a handwritten signature, digital signatures provide strong cybersecurity by proving both the origin and integrity of the document. Generally, they are legally recognized in the United States and many other countries and are widely used to secure contracts, financial transactions, and other critical business records.
Electronic signatures, commonly referred to as e-signatures, are a broad set of solutions that use an electronic process for accepting a document or transaction with a signature. As documents and communication are increasingly paperless, businesses and consumers worldwide have embraced the speed and convenience of these types of signatures. But there are many different types of electronic signatures, each allowing users to sign documents digitally and offering some degree of identity authentication.
Digital signatures are a specific type of electronic signature and are the most secure type available. Digital signatures rely on PKI certificates issued by a Certificate Authority (CA). Before issuing a document signing certificate, the CA verifies the signer’s identity through a verification process. This process may involve documentation checks, organizational verification, or other procedures depending on the certificate type, organization validation (OV) or extended validation (EV). Other, less secure e-signature types may use common electronic authentication methods to verify the identity of the signer, such as an email address, a corporate username/ID, or a phone number/PIN.
As a result of different technical and security requirements, electronic signatures vary in industry, geographic, and legal acceptance. Digital signatures comply with the most demanding regulatory requirements, including the United States Federal ESIGN Act and other applicable international laws.
Digital signatures use PKI, which is considered the gold standard for digital identity authentication and encryption. PKI relies upon the use of two related keys, a public key and a private key, to encrypt and decrypt a message using strong public key cryptography algorithms. The signature is generated using the signer’s private key, which securely binds their identity to the document. A timestamp may also be applied to record when the document was signed and help preserve its validity over time.
Here is how sending a digital signature works:
Digital signatures provide three critical security assurances:
Together, these protections help organizations reduce fraud, meet compliance requirements, and conduct secure digital transactions with confidence.
The process to create a digital signature is easy and straightforward for both independent professionals and enterprises to adopt. You first need a digital signing certificate, which can be acquired through a trusted Certificate Authority, like Sectigo. After completing the purchase and issuance process, you can then download and install the certificate. Next, you simply use the digital signing function of the appropriate document platform or application.
For example, most email applications provide a “Digitally Sign” button, while Microsoft Word documents may show a signature button once a signature line has been added.
When sending out a document signed using a private key, the receiving party obtains the signer’s public key to verify the digital signature. Once the document is decrypted, the receiving party can view the unaltered document as the user intended. If the receiving party cannot verify the document using the public key, then it signifies that the document has been altered, or even that the signature doesn’t even belong to the original signer.
Digital signature technology requires all involved parties to trust that the individual creating the signature has been able to keep their own private key secret. If someone else has access to the signer's private key, that party could create fraudulent digital signatures in the name of the private key holder.
If either the sender or receiver alters the file after it has been digitally signed, the document’s hash value changes. When the recipient’s system compares the newly updated hash with the original signed hash, any mismatch reveals that the document has been modified. In this case, the digital signature is marked as invalid, alerting users to potential tampering.
Since the heart of a digital signature is the PKI certificate, which is software code, the digital signature itself is not inherently visible. However, document platforms may provide easily recognizable proof that a document has been digitally signed. This representation and the certificate details shown varies by document type and processing platform. For example, an Adobe PDF displays a visual indicator such as a seal icon or blue ribbon at the top of the document, showing the signer’s name and the certificate issuer.
Additionally, it can appear on a document in the same way as signatures are applied on a physical document and can include an image of your physical signature, date, location, and official seal.
Digital signatures can also be invisible, though the digital certificate remains valid. Invisible signatures are useful when the type of document typically does not display the image of a physical signature, like a photograph. The document’s properties may disclose the information about the digital certificate, the issuing CA, and an indication of the document’s authenticity and integrity.
If a digital signature is invalid for any reason, documents display a warning that it is not to be trusted.
As more business is conducted online, agreements and transactions that were once signed on paper are now handled through fully digital workflows. This shift increases the need to verify identity and ensure documents have not been altered. Digital signatures provide that trust by authenticating the signer and protecting documents from tampering or fraud.
They also support faster, more efficient workflows. Documents can be signed securely from any device, shared instantly, and tracked through completion with clear audit trails. Because the signature is embedded within the file, it remains intact and verifiable wherever the document is sent.
Beyond large organizations, digital signatures are equally valuable for independent professionals, consultants, and small businesses who need a simple, trusted way to sign contracts, agreements, and client documents without complex infrastructure. Solutions designed for individuals make it easy to establish credibility and maintain secure, compliant workflows.
It is vital these digitally signed agreements are recognized from a legal standpoint. Digital signatures support compliance with important standards like the United States Federal ESIGN Act, GLBA, HIPAA/HITECH, PCI DSS, and US-EU Safe Harbor.
Today, digital signatures are commonly used across a wide range of business processes to improve the security, integrity, and efficiency of critical transactions that are now handled digitally, including:
Sectigo document signing certificates verify the signer’s identity and confirm that a document has not been altered after signing. Each signature is cryptographically bound to the file, allowing recipients to independently validate authenticity and integrity.
Sectigo offers solutions for both organizations and individuals. Document Signing Certificates support enterprise use cases with scalable, policy-driven signing, while Document Signing Professional is designed for independent professionals and small businesses that need a simple, trusted way to sign documents. In both cases, verified identity is embedded directly into each file, creating tamper-evident documents recognized by platforms like Adobe Acrobat and Microsoft Office.
Learn more about Sectigo's document signing solutions to protect contracts, reports, and other business-critical documents.