eSignature legality summary
A written signature is not required to form a contract — any electronic signature can create most contractual obligations under Scots law. Certain “Formal Documents” under the 1995 Act must be in writing (e.g., contracts creating real rights in land, certain trusts, and wills).
Types of permitted electronic signature
Scotland recognizes SES, AES, and QES under UK eIDAS. Only a QES is “self-proving” (probative) — presumed validly executed; an SES or AES is admissible but not self-proving. A Formal Document under the 1995 Act requires at least an AES (Electronic Documents (Scotland) Regulations 2014), and wills cannot be executed electronically.
Documents that may be signed electronically
An SES suits HR documents, commercial agreements (purchase orders, procurement, sales, distribution, service, software licenses), and consumer agreements (excluding consumer loan agreements).
Use with caution / not typically appropriate
Use an AES for Formal Documents and a QES for self-proving/probative status and for documents to be registered (Books of Council and Session, Land Register) or for a standard security (via Registers of Scotland). LBTT returns and some Companies House filings must be on paper, as must patent assignments.
- Wills, testamentary trust dispositions, and codicils (cannot be executed electronically)
- Transfers of and real rights in land (Formal Documents needing an AES/QES plus registration)
- Revenue Scotland LBTT returns (paper) and certain Companies House filings (paper)
- Patent or patent-application assignments (paper)
Seminal court cases
None reported.
Primary sources
- Requirements of Writing (Scotland) Act 1995
- Electronic Documents (Scotland) Regulations 2014
- UK eIDAS (Regulation (EU) 910/2014 as retained)
Disclaimer: This guide is general information, not legal advice, and is not a guarantee that any signature will be enforceable for a particular document, transaction, or jurisdiction. E-signature and data-protection laws change frequently. Confirm the requirements for your specific document and parties, and consult a licensed lawyer in the relevant country before relying on electronic signing.
Last reviewed: June 15, 2026