The legal differences between emailed and faxed signatures

Signatures have always been the hallmark of authenticity and consent in agreements, contracts, and official documents. Traditionally, a signature meant a pen meeting paper, but as technology evolved, so did the ways we sign documents. Today, emailing and faxing signatures are common practices. But are they legally the same? Do they carry the same weight in court? Let’s dive deep into the legal differences between emailed and faxed signatures and what you need to know to stay safe and legit.

What Is a Signature? The Basics

Before diving into the legal differences between emailed and faxed signatures, it’s important to understand what a signature actually means in a legal context. At its core, a signature is more than just a scribble or a name written down; it’s a deliberate mark or symbol that signifies a person’s intention to agree to the terms laid out in a document. Whether it’s a contract, an agreement, or any official paper, the signature shows that the signer consents to be legally bound by what the document states. This intention is the cornerstone of what makes a signature valid and enforceable.

Signatures don’t always have to be handwritten. In today’s world, they can take many forms—typed names at the bottom of emails, digital imprints created by electronic signing tools, or even a simple checkmark, depending on the rules set by the governing jurisdiction. The form a signature takes varies widely across different legal systems and industries. Some places require a traditional handwritten signature for certain documents, while others accept more modern methods, recognizing the convenience and efficiency of digital technology. The evolving nature of what counts as a signature reflects changes in how we conduct business and communicate.

The main purpose behind any kind of signature remains the same: to prove the identity of the person signing and confirm their consent to the document’s contents. In other words, the signature acts as a legal fingerprint, connecting the signer directly to the agreement. Without this connection, documents would lack enforceability because there would be no reliable way to prove who agreed to what. This is why signatures, whether handwritten or digital, are held to certain standards of authenticity and verification.

Ultimately, understanding what a signature is legally helps clarify why emailed and faxed signatures are treated differently under the law. While both are forms of transmitting a signature electronically, their validity depends on how well they prove the signer’s identity and consent. Knowing these basics is essential for navigating the complexities of modern signing methods and ensuring your agreements are both secure and legally binding.

Faxed Signatures — The Old-School Digital Option

Faxed signatures represent a blend of old-school technology with digital communication. In this method, you physically sign a paper document by hand just like the traditional way. Then, instead of mailing it or scanning it, you send the signed document through a fax machine. The fax machine transmits the exact image of the signed paper over telephone lines to the recipient’s fax machine, which prints or displays the copy almost instantly.

• A scanned, handwritten signature sent by email as an image or PDF. This involves physically signing a paper document with a pen, then scanning or taking a photo of the signed page. The resulting file, often a JPEG, PNG, or PDF, is then emailed to the other party. This method keeps the original handwritten style but relies on the recipient trusting the authenticity of the scan or photo.
• Electronic signatures embedded in digital documents. These aren’t just images of signatures; they include typed names, drawn signatures using a mouse or touchscreen, or digital signatures created through secure platforms like DocuSign, Adobe Sign, or HelloSign. These tools often include encryption, timestamping, and audit trails to prove the signer’s identity and the integrity of the signed document.
• Typed names at the bottom of an email that clearly indicate acceptance or agreement to the content. Although simple, these typed signatures may hold legal weight depending on jurisdiction and the context of the communication, especially if both parties agree to this method beforehand.
• Digital signature certificates that use cryptographic technology to authenticate a signature. This method ensures that the document hasn’t been altered after signing and links the signature to the signer in a way that’s extremely difficult to forge or dispute.
• The convenience factor: emailed signatures can be sent and received instantly anywhere with an internet connection, speeding up processes that traditionally took days or weeks through physical mail.
• Flexibility in format: because emailed signatures can come as images, typed text, or encrypted digital certificates, they fit various business needs from informal agreements to highly regulated contracts.
• Limitations in verification: scanned signatures emailed as images may be easier to forge compared to digital signatures that use encryption, making verification more challenging without additional proof.

Legal Frameworks Governing Signatures

Aspect	Emailed Signatures	Faxed Signatures	U.S. Legal Context	International Laws
Legal Recognition	Recognized as valid under electronic signature laws like ESIGN Act and UETA when meeting certain criteria.	Treated similarly to traditional handwritten signatures if authenticity can be proven.	ESIGN Act (2000) and UETA give legal validity to electronic signatures, including emailed signatures.	EU’s eIDAS Regulation defines electronic signatures and sets standards for their legal validity.
Verification & Security	May include encryption, timestamps, and audit trails, especially when using specialized digital signing platforms.	Verification relies on the physical signature and the fax transmission confirmation reports.	ESIGN and UETA encourage methods that ensure signer intent and document integrity; fax relies on paper trail.	Different countries have varying standards; some require advanced electronic signature methods for legal use.
Transmission Method	Sent via internet/email, either as scanned images or through electronic signing software.	Sent via telephone lines through fax machines in real-time transmission of physical documents.	Legal frameworks acknowledge electronic communication, including email, as valid for signatures.	Many countries recognize electronic transmission but may differ on acceptance of fax as legally binding.
Legal Challenges	May face issues if the sender’s identity or intent is unclear without advanced authentication.	Potential challenges around proving authenticity if fax confirmation or original paper is missing.	Courts require proof of signer identity and intent; electronic signatures must meet these to be upheld.	Legal disputes depend on local laws; some jurisdictions require digital certificates, others accept fax.
Use Cases & Industry	Common in fast-paced business, real estate, finance, and government sectors that adopt digital workflows.	Often used in healthcare, legal, and government sectors valuing tangible paper proof and speed.	ESIGN and UETA are widely adopted in business and government; fax remains preferred where physical copies matter.	EU and many countries push for digital signatures but allow fax where suitable; some nations lack clear rules.

How Does the Law View Emailed Signatures?

The law generally recognizes emailed signatures as legal and binding under certain conditions. First and foremost, the signer must have intended to sign the document, showing a clear intention to be bound by its terms. This intention is a crucial element because a signature, whether electronic or handwritten, is essentially a symbol of agreement. The signature also needs to be attached to or logically associated with the document it is meant to authenticate. Without this connection, the signature’s purpose becomes unclear, potentially invalidating the agreement.

Consent between both parties to use electronic signatures is another important legal requirement. When both the sender and recipient agree to accept electronic or emailed signatures, the law tends to treat these just like traditional handwritten signatures on paper. This mutual consent removes many doubts about the signature’s validity and helps ensure smooth business transactions in a digital environment. Examples of legally recognized emailed signatures include typed names at the bottom of emails agreeing to terms, scanned images of handwritten signatures attached to PDFs, or signatures generated via certified electronic signature platforms such as DocuSign or Adobe Sign.

However, emailed signatures do come with challenges, especially when it comes to scanned signatures sent as images. These scanned signatures are easier to copy, alter, or reuse fraudulently, which raises concerns about their authenticity. Because a scanned image is simply a picture of a signature, it doesn’t always provide concrete proof that the signer genuinely agreed to the document’s content. This gap can lead to disputes, particularly when one party questions the legitimacy of the signature or claims that it was forged.

Additionally, acceptance of scanned emailed signatures varies among institutions and industries. Some organizations may refuse to accept scanned signatures unless they are backed by extra verification steps, such as witness attestations, additional identification checks, or digital certificates. This cautious approach helps protect against fraud but can slow down processes or require alternative signing methods. Overall, while emailed signatures are legally recognized in many places, the effectiveness and acceptance of scanned signatures specifically depend heavily on context, security measures, and the willingness of parties involved to trust electronic documents.

Legal Standing of Faxed Signatures

• Faxed signatures are generally regarded as legally equivalent to handwritten signatures on original paper documents.
• The faxed document displays the actual original signature, just transmitted electronically over phone lines.
• This transmission is considered a reliable method that proves the signed document was indeed sent from one party to another.
• Courts frequently accept faxed signatures as valid evidence of an agreement or contract.
• Fax machines generate transmission confirmation reports, which can serve as proof that the document was successfully sent.
• Many legal systems treat faxed signatures under the same rules as traditional paper signatures, assuming authenticity is not disputed.
• Faxed signatures provide a tangible paper-like copy that recipients can physically hold, increasing trust in the document.
• The process reflects a real-time transfer of the signed document, adding to the perception of immediacy and validity.
• Faxed documents retain original formatting and layout, helping preserve context and reducing chances of tampering.
• Because faxing uses direct point-to-point communication, interception or alteration during transmission is less common compared to some email methods.
• Faxed signatures have been widely accepted in sectors like healthcare, legal, and finance due to their speed and tangible results.
• The longstanding use of fax technology has established precedents in courts supporting the validity of faxed signatures.
• Many organizations continue to prefer fax for important documents where physical signatures are required but quick delivery is necessary.
• Faxed signatures do not usually require advanced digital authentication methods, simplifying their legal standing.
• Despite newer digital signature technologies, faxed signatures still carry strong legal weight because of their paper-based nature combined with electronic transmission.

Comparing the Legal Validity of Emailed vs. Faxed Signatures

Feature	Emailed Signature	Faxed Signature
Legal Recognition	Recognized under laws like ESIGN Act, UETA, and eIDAS when certain criteria are met, including intent, consent, and association with the document.	Generally accepted as valid and legally binding, treated much like traditional paper signatures due to direct transmission of the original signed document.
Proof of Identity	Often requires additional verification methods such as secure electronic signature platforms, audit trails, digital certificates, or multi-factor authentication to confirm signer identity.	Fax transmission records provide inherent proof that a signed document was sent; however, confirming the identity of the signer depends on supplementary evidence.
Risk of Forgery	Higher risk if only a scanned handwritten signature is used, as images can be copied and reused fraudulently without proper safeguards.	Lower risk due to the direct, real-time transmission from sender to recipient, making tampering during transmission less likely, though forgery of the original signature remains possible.
Ease of Use	Very convenient and user-friendly, especially with dedicated electronic signature platforms that streamline signing, sending, and storing documents digitally.	Requires access to a fax machine or fax application, which may be less convenient, especially as fax use declines and integration with digital workflows is limited.
Court Acceptance	Increasingly accepted in courts, provided there is sufficient evidence to prove intent and authenticity; acceptance can vary depending on jurisdiction and additional verification.	Traditionally and widely accepted in courts as valid evidence of agreement, backed by decades of legal precedent supporting faxed signatures.

What About Electronic Signatures Beyond Email?

Not all emailed signatures are just simple scanned images attached to a message. In fact, many organizations now rely on specialized electronic signature platforms that offer much more than just a picture of a signature. These platforms use advanced technologies to verify the identity of the signer, often through email authentication or two-factor verification methods. This means the person signing the document has to prove who they are before the signature is considered valid, making the process far more secure than simply emailing a scanned signature.

Additionally, electronic signature platforms keep detailed audit trails for every signed document. These logs include important information like timestamps showing exactly when the document was signed, IP addresses identifying where the signer was located, and records of each step in the signing process. This level of tracking provides a solid paper trail that can be used to confirm the authenticity of the signature and protect against any disputes or claims of forgery.

Security is another key advantage of these platforms. They use encryption technology to protect the signatures and the documents themselves from unauthorized access or tampering. Encryption ensures that once a document is signed, neither the signature nor the content of the document can be altered without detection. This makes digital signatures far more legally robust and trustworthy than the simple scanned images that can be easily copied or manipulated.

In short, electronic signature platforms act like a digital notary public, adding layers of protection and verification to the signing process. They help ensure that the signer’s intent is clear and that the entire process complies with important laws such as the ESIGN Act in the United States or the eIDAS regulation in the European Union. This increased security and legal backing make electronic signatures created through these platforms a preferred choice for businesses and individuals looking for reliable and legally binding digital agreements.