The regulations for electronic signatures
In Norway, to give an example, which is DealBuilder’s home country, electronic signatures are regulated through the Act on Electronic Trust Services (full name: Act on the Implementation of the EU Regulation on Electronic Identification and Trust Services for Electronic Transactions in the Internal Market). A Norwegian law also implements EU Regulation 910/ 2014, also known as the eIDAS regulation (Electronic Identification and Trust Services regulation).
In other countries, they have similar arrangements. For example, in the USA it is regulated through the ESIGN Act and the Uniform Electronic Transactions Act (UETA Act).
Common to all markets, both in Europe and The USA, is that they have regulated that digital signatures are as legally binding and have the same status as handwritten signatures.
The basic legal principles supporting the use of electronic signatures are not defined by eIDAS, the eSignature Act, or other similar bodies. The legal principles are found in the Contracts Act, where an offer to enter into an agreement followed by acceptance of it constitutes a binding agreement. In the absence of legal requirements specifying the form of contract, type of signature or authentication method, a contract can be entered into in several ways, including on paper, verbally, by email or chat, a handshake, or with an electronic signature.
The eIDAS Regulation and similar bodies are legislation that regulates the use of electronic signatures, but it does not prescribe their use in itself, nor does it have any impact on contract law. The regulations, such as eIDAS, say:
This regulation does not affect national law or European Union law related to the conclusion and validity of agreements or other legal or procedural obligations related to form.
In fact, a basic electronic signature is sufficient and indeed legally valid for the vast majority of transactions, B2B, B2C, and between private individuals, all over the world. To remove any doubt in this regard, eIDAS explicitly states this basic principle:
An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form or that it does not meet the requirements for qualified electronic signatures.