An electronic signature is any electronic sound, symbol or process a person uses with the intent to sign, while a digital signature is a specific cryptographic method that ties a signature to a document.
People use the two terms as if they were one. They aren't. One is a legal idea about intent. The other is a technical tool about proof.
What an e-signature and a digital signature are
In the US, the ESIGN Act defines an electronic signature as an electronic sound, symbol or process, attached to or logically associated with a contract or other record, and executed or adopted by a person with the intent to sign the record. The key word is intent. Typing your name under an email, clicking "I agree," or drawing your signature on a PDF can all fit.
A digital signature is narrower. NIST's Digital Signature Standard, FIPS 186-5, says digital signatures are used to detect unauthorized modifications to data and to authenticate the identity of the signatory, and that the recipient can use one as evidence to a third party that the signature was generated by the claimed signatory. That's cryptography doing the work: a key you control, a way to check it, and a seal that breaks if the document changes.
The European Commission draws the same line. It calls an electronic signature a legal concept capturing the signatory's intent to be bound, and describes the most common technology behind advanced signatures as public-key infrastructure, using certificates and cryptographic keys.
What it looks like
| Type | What it is | Legal weight | Source |
|---|---|---|---|
| Electronic signature (US) | Any electronic sound, symbol or process adopted with intent to sign | Can't be denied effect solely for being electronic | ESIGN 15 U.S.C. 7001, 7006 |
| Digital signature | Cryptographic signature that detects changes and authenticates the signer | A technical method; it can be one way to make an e-signature | NIST FIPS 186-5 |
| Simple electronic signature (EU) | Data in electronic form logically associated with other data and used by the signatory to sign | Valid, but weakest tier | European Commission (eIDAS) |
| Advanced electronic signature (EU) | Uniquely linked to the signer, under their control, and changes are detectable | Higher assurance | European Commission (eIDAS) |
| Qualified electronic signature (EU) | Advanced, plus a qualified signature creation device and a qualified certificate | Explicitly equivalent to handwritten in the EU | European Commission (eIDAS) |
ESIGN doesn't force anyone to use or accept electronic signatures, other than a governmental agency in some cases, so a landlord, bank or agency can still say "wet ink only." The ESIGN carve-outs, listed in section 7003, include wills and testamentary trusts, adoption, divorce and other family law, most of the Uniform Commercial Code, court documents, and certain notices, such as utility shutoff, foreclosure or eviction on a primary residence, and health or life insurance cancellation. At the state level, the Uniform Law Commission's UETA, approved in 1999, removes barriers to electronic signatures; a 2022 ULC memo says every state except New York has enacted it, so the exact rule depends on where you are.
What to keep and for how long
For anything you sign electronically, keep two things together: the final signed document, and the proof around it.
- The signed PDF. Save the finished version, not the draft.
- The confirmation. Many signing services email a completion certificate. Keep it with the document.
- The email thread. It shows who sent what and when.
- A copy of anything you signed on a phone. Our guide to signing a PDF on iPhone walks through it, and the sign PDF tool covers the browser route.
How long to hold the document depends on what it is, not how it was signed. See what documents to keep and for how long and document retention. For high-stakes papers such as a power of attorney, a lease or an affidavit, ask whether an electronic signature is accepted before relying on one. Whether your own case is covered is a question for the agency or a lawyer.