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Electronic signature vs wet signature: the differences

Electronic signature vs wet signature: what a wet ink signature is, how the two compare on law, evidence, cost and speed, and when a handwritten signature is still required.

Electronic signature vs wet signature: a document with a teal electronic signature line beside an ink line

A wet signature is the one you make with a pen on paper. The term exists only because electronic signatures arrived: until then it was just "a signature". The question most people have is practical. Can I sign this electronically, or does it need ink? For most business documents the answer is that electronic is fine, and often better. For a short list of documents, ink is still the rule.

This article is general information, not legal advice.

What a wet signature is

"Wet ink" refers to the pen's ink being wet when it touches the page. A wet signature is a handwritten mark on a physical document, usually in front of the other party, a witness or a notary, or posted back afterwards. When a business asks for a "wet signature", it means an original paper document signed by hand, not a scan, a photo or an electronic signature.

What an electronic signature is

An electronic signature is any electronic way of agreeing to a document: typing your name, drawing it on a screen, uploading an image or clicking "I agree", linked to that document and made with the intention to sign. Our guide to what an electronic signature is covers the types in detail.

The differences that matter

Wet signatureElectronic signature
Legal standingAccepted everywhereAccepted for most documents in most countries; some exceptions
Proof of who signedHandwriting, witnesses, notaryEmail, IP address, timestamps, consent and an audit trail
Proof the document did not changeThe original paperA sealed file with a fingerprint (hash)
SpeedDays if postedMinutes
CostPrinting, postage, courier, storageA subscription or free plan
Signing from anywhereNeeds the paperAny phone or computer
CopiesScans of varying qualityIdentical signed PDF for everyone

In the United States, the ESIGN Act (2000) and the state Uniform Electronic Transactions Act, adopted by nearly every state (New York has its own equivalent law), say a signature or contract cannot be denied legal effect solely because it is electronic. In the EU, eIDAS (Regulation No 910/2014) says the same, and gives a qualified electronic signature the same effect as a handwritten one. In the UK, electronic signatures are admissible under the Electronic Communications Act 2000, and the Law Commission confirmed in 2019 that they can be used to sign most documents, including those that must be "signed".

Evidence

A wet signature is proved by the paper itself, handwriting comparison and any witness. An electronic signature is proved by its record. A good e-signature service records the signer's consent, when the document was opened and signed, the email address and IP address used, and seals the final file so any later change is detectable. In practice, that record is often easier to rely on than a signature on paper: there is less dispute about when it happened and whether pages were swapped.

Speed and cost

This is where electronic wins clearly. No printing, no posting, no waiting for a courier, and no filing cabinet. A signer can complete a document on their phone within minutes of receiving it, and everyone gets the same signed copy.

When a wet signature is still required

Electronic signature laws have exceptions, and they vary by country and state. Common ones:

  • Wills and testamentary documents. In England and Wales, a will must be signed in the presence of two witnesses, and electronic wills are not generally valid. Most US states also require a paper will, though a few now allow electronic wills under specific rules.
  • Family law documents such as adoption and divorce papers in the US, which the ESIGN Act excludes.
  • Court documents and filings, which follow each court's own rules.
  • Some property documents. Many deeds must be witnessed or notarised. In England and Wales a deed can be signed electronically, but the Law Commission's view is that the witness must be physically present.
  • Certain notices the ESIGN Act excludes from electronic delivery, such as notices of utility cut-off, foreclosure or eviction, cancellation of health or life insurance, and product recalls.
  • Documents the other party insists on. A bank, government office or counterparty can require ink for its own process.

Remote online notarisation is now allowed in many US states, which narrows the list further, but it is its own process, not an ordinary e-signature.

Is a scanned wet signature better?

Printing a document, signing it in ink and scanning it back feels safer to some people. In law, the scan is just an electronic copy of a signature, with less evidence attached: no record of when it was signed, by whom or on which version. If the document can be signed electronically, an e-signature service gives a better record with less effort.

How to choose

  • Can the document be signed electronically? For contracts, offer letters, leases, NDAs, quotes and consent forms, usually yes.
  • Does a law or the other party require ink, a witness or a notary? If so, use paper or the specific process required.
  • How much do you need to prove later? An e-signature with an audit trail is strong evidence; our guide to creating a legally binding electronic signature explains what to capture. For the legal background by region, see are electronic signatures legally binding?

Go paperless where you can

For the documents that can be signed electronically, which is most of them, you can sign up free and send 3 documents a month, or see the paid plans on the pricing page.

Frequently asked questions

What does wet signature mean?

A wet signature, or wet ink signature, is a handwritten signature made with a pen on paper. The name comes from the ink being wet when it is applied.

Is an electronic signature as valid as a wet signature?

For most documents, yes. Laws such as the US ESIGN Act, the EU's eIDAS Regulation and the UK's Electronic Communications Act say a signature cannot be refused legal effect just because it is electronic. Some documents still require ink.

When is a wet signature required?

Commonly for wills, some family law and court documents, documents that must be notarised or witnessed in person in some places, and certain property deeds. The exact list depends on the country, state and document.

Can I print, sign and scan a document instead of signing electronically?

You can, and a scanned signature is itself an electronic copy. But it is slower and usually weaker evidence than an e-signature service's record of who signed, when and from where.

General information, not legal advice. Laws differ by country, state and document and change over time; for a specific case, consult a qualified lawyer.