E-Signature Guidelines

Effective date: July 7, 2026
Last updated: July 7, 2026
Consent version: 2026-06-23

These E-Signature Guidelines explain how electronic signatures work within the Esqase platform, their legal basis, and what you need to know as either a sender or a signer.

1. What Is an Electronic Signature?

An electronic signature is a legally recognized method of indicating agreement or consent in an electronic format. It has the same legal effect as a handwritten signature in most jurisdictions, provided applicable legal requirements are met.

Electronic signatures broadly include:

Clicking an "I agree" button or checkbox;
Typing your name into a designated signature field;
Drawing a signature with a mouse, stylus, or touchscreen;
Uploading an image of a physical signature; or
Any other symbol or process adopted with the intent to sign.

Esqase uses a combination of these methods, supplemented by an audit trail that records the identity, timing, IP address, and device information of each signer to support enforceability.

2. Legal Basis

The enforceability of electronic signatures varies by jurisdiction. Esqase's e-signature functionality is designed to comply with the following frameworks.

2.1 United States

In the United States, electronic signatures are governed primarily by:

The Electronic Signatures in Global and National Commerce Act (ESIGN Act) (15 U.S.C. § 7001 et seq.) — a federal law that gives electronic signatures the same legal effect as handwritten signatures for transactions in or affecting interstate or foreign commerce.
The Uniform Electronic Transactions Act (UETA) — adopted by 49 U.S. states and the District of Columbia, UETA provides that electronic records and signatures have the same legal effect as paper records and handwritten signatures.

Under the ESIGN Act and UETA, an electronic signature is valid if: (a) the signer intends to sign; (b) the parties have consented to do business electronically; and (c) the electronic signature is associated with the record being signed.

Important: Certain documents may not be signed electronically under U.S. law, including wills, codicils, testamentary trusts, adoptions, divorces, notices of utility termination, and certain consumer transaction notices. It is the responsibility of the law firm sending the document to determine whether e-signature is appropriate.

2.2 Philippines

In the Philippines, electronic signatures are governed by:

The Electronic Commerce Act of 2000 (Republic Act No. 8792) — recognizes electronic documents and signatures as functionally equivalent to paper documents and handwritten signatures for commercial transactions.
The Implementing Rules and Regulations of the E-Commerce Act — further detail the technical and evidentiary requirements.

Important: Certain categories of documents may require specific forms of electronic signatures or may not be suitable for electronic execution under Philippine law. Law firms should consult applicable guidelines from the Supreme Court of the Philippines and other regulatory bodies before using electronic signatures for court filings or regulated transactions.

2.3 Other Jurisdictions

For law firms operating in jurisdictions outside the United States and Philippines, electronic signatures may be legally recognized under:

EU eIDAS Regulation (EU 910/2014) — establishes standards for electronic signatures across the EU, including Simple, Advanced, and Qualified Electronic Signatures (QES).
Other national equivalents.

Esqase provides a Simple Electronic Signature (SES) as described in these guidelines. Depending on your jurisdiction and document type, a higher-assurance signature (e.g., Advanced or Qualified) may be required. It is your responsibility as the sending law firm to determine the appropriate signature type.

3. How Esqase Electronic Signatures Work

3.1 The Signing Process

Sending: A Firm user prepares a document in Esqase, designates fields (signature, initials, date, etc.), and sends it to one or more signers.
Notification: Each signer receives an email with a secure link to the document on the Esqase signing page (docs.esqase.com).
Identity verification: Signers access the document via a secure, time-limited link. Esqase captures the signer's IP address, browser/device information, and timestamp at each step.
Consent: Before signing, each signer is presented with a consent disclosure (see Section 4). The signer must actively consent before proceeding.
Signing: The signer completes all required fields and clicks to adopt their signature.
Completion: Once all required parties have signed, Esqase generates a finalized, tamper-evident PDF that incorporates all signatures and a comprehensive audit trail.

3.2 The Audit Trail

Each completed document is accompanied by an audit certificate that records:

Full name and email address of each signer
Date and time (UTC) of each action (document opened, consent given, each field signed, document completed)
IP address and device/browser information of the signing session
The consent disclosure text that was accepted (versioned for future reference)

The audit trail is stored separately from the signed document and is included in the finalized PDF. This information supports the enforceability of the electronic signature.

3.3 Document Integrity

The finalized PDF is processed to be tamper-evident. Any alteration to the finalized document after signing will be detectable.

Before a signer can complete a document in Esqase, they must affirmatively consent to:

Conducting the transaction electronically;
Using electronic signatures in place of handwritten signatures; and
Receiving electronic records in connection with the transaction.

The full text of the consent disclosure is presented to the signer at the time of signing and is recorded in the audit trail. Consent is versioned (current version: 2026-06-23) so that the precise disclosure accepted can be identified in the event of a future dispute.

A signer may decline to consent to electronic signing and instead request a paper copy. To do so, the signer should:

Decline the consent checkbox on the signing page; or
Contact the law firm that sent the document directly to arrange for paper execution.

Declining to use electronic signature for one document does not affect the signer's ability to use electronic signatures in future transactions.

5. Responsibilities of Law Firms

As the party sending documents for signature, the law firm is responsible for:

Suitability: Verifying that electronic signatures are legally appropriate and enforceable for the specific document type and jurisdiction. Esqase does not provide legal advice on this question.
Signer identity: Esqase's standard process uses email-based access control. If heightened identity verification is required (e.g., video identity verification, notarization, or knowledge-based authentication), the law firm must arrange this independently or verify that additional verification steps are in place.
Regulatory compliance: Ensuring compliance with any specific rules applicable to their practice area, court, or regulatory body regarding electronic signatures and e-filing.
Retention: Retaining copies of signed documents in accordance with applicable professional rules and regulations. Esqase provides tools to download and store signed documents, but the law firm bears ultimate responsibility for record keeping.

6. Retaining Signed Documents

Esqase stores signed documents and their audit trails in your Esqase account. You should also:

Download and store a copy of each finalized document in your own secure storage.
Retain signed documents for the period required by your jurisdiction's professional rules (which may be 5–10 years or longer for certain matter types).
Share a copy of the completed document with all signers.

7. Technical Requirements for Signers

To sign a document electronically through Esqase, signers need:

A device capable of accessing the internet (computer, tablet, or smartphone).
A modern web browser (Chrome, Firefox, Safari, or Edge — current or previous major version).
A valid email address to receive the signing link.
The ability to view PDF files.

If a signer does not have access to the necessary technology, they have the right to request a paper alternative (see Section 4.1).

8. Limitations

Electronic signatures through Esqase are not appropriate for the following documents (this list is illustrative, not exhaustive):

Wills, codicils, and testamentary trusts (in most jurisdictions)
Adoption and family court filings that require wet signatures by court rule
Negotiable instruments (e.g., promissory notes) in certain contexts
Documents that explicitly require notarization, unless supported by applicable law
Any document that applicable rules, courts, or regulatory bodies require to be in paper form

Law firms should consult applicable law and professional rules before using electronic signatures for any document.

9. Questions

If you have questions about electronic signatures in Esqase, contact us at legal@esqase.com.

For legal questions about the enforceability of a specific electronic signature or document type, please consult qualified legal counsel in the relevant jurisdiction.