An electronic signature is any electronic mark showing intent to sign. A digital signature is a cryptographic type of electronic signature that verifies identity and detects tampering. Notarization is a separate legal act in which a notary witnesses and certifies a signature. They can work together but are not interchangeable.
Electronic vs Digital Signature vs Notarization: What’s the Difference?
An electronic signature is a broad legal category covering any electronic mark made with intent to sign; a digital signature is one specific, cryptographically secured type of electronic signature; and notarization is an entirely separate legal act where a commissioned notary witnesses a signature and applies their own certificate. Only notarization involves a third party verifying who signed and how.
The confusion between these three terms is understandable, since all three are commonly encountered together during the same online transaction – you might create an electronic signature, have it secured with digital-signature technology, and then have the whole thing notarized, all in a single sitting. That doesn’t make them the same thing; it just means a well-built platform layers all three together where the situation actually calls for it.
| Term | What It Is | Legal Basis |
|---|---|---|
| Electronic signature | Any electronic sound, symbol, or process attached to a record with intent to sign – a typed name, a drawn signature, a click-to-sign checkbox | ESIGN Act (2000) and UETA (1999), adopted by 49 states and D.C. |
| Digital signature | A specific, cryptographic type of electronic signature using public key infrastructure (PKI) to verify identity and detect tampering | Same laws apply; the technology itself isn’t separately mandated by ESIGN or UETA |
| Notarization | A separate legal act: a notary witnesses a signature and applies their own certificate confirming identity and willingness to sign | ESIGN Act Section 11 (electronic notarization) plus state notary law |
What Is an Electronic Signature?
An electronic signature, or e-signature, is any electronic sound, symbol, or process attached to or logically associated with a record, executed by someone with the intent to sign it – a typed name, a scanned signature image, or a click-to-sign checkbox all qualify.
Electronic signatures are legally valid for most contracts under the federal ESIGN Act, signed into law in June 2000 and codified at 15 U.S.C., and the Uniform Electronic Transactions Act (UETA), a 1999 model law adopted by 49 states and Washington, D.C. New York uses its own, functionally similar Electronic Signatures and Records Act instead of UETA, though it’s also ESIGN compliant. Both laws share the same core requirement: the signer must intend to sign electronically, and the signature must be associated with the record it applies to.
What a basic electronic signature doesn’t inherently provide is proof of who actually created it or evidence that the document hasn’t been altered since – a typed name in a signature box, by itself, doesn’t verify anything about the person who typed it.
This gap is exactly why some transactions layer additional verification on top of a basic electronic signature – identity checks, audit trails, or the cryptographic protections a digital signature provides – rather than relying on the bare minimum the law technically allows. For a routine internal document, a simple typed signature is often fine; for a high-value contract or anything likely to be challenged later, it usually isn’t.
What Is a Digital Signature?
A digital signature is a specific type of electronic signature that uses public key infrastructure (PKI) cryptography to verify the signer’s identity and detect any changes made to the document after signing – something a basic electronic signature can’t do on its own.
- Authentication: confirms the identity of the signer through a certificate issued by a trusted Certificate Authority.
- Integrity: detects any change to the document made after the signature was applied.
- Non-repudiation: makes it much harder for a signer to later deny they signed, since the cryptographic binding is tied specifically to them.
A Certificate Authority issues the signer a digital certificate containing a private key that encrypts a unique cryptographic hash of the document – if even one character changes afterward, that hash no longer matches, which is how tampering gets detected. Neither ESIGN nor UETA specifically require this technology; it’s an optional, stronger implementation of an electronic signature, not a separate legal requirement.
Trust service providers issue these certificates commercially, and some allow organizations to install thousands of certificates across their e-signature software. The result is a signature that carries meaningfully stronger evidentiary weight than a simple typed name, which is why digital signatures show up disproportionately often in notarization, government filings, and anything likely to face court scrutiny.
What Is Notarization, and How Does It Relate to the Other Two?
Notarization is a distinct legal act, separate from either signature type: a commissioned notary witnesses the signing, verifies the signer’s identity, and applies their own official certificate – something no electronic or digital signature technology does on its own, since both are about the signer’s mark, not a third party’s verification of it.
Section 11 of the ESIGN Act specifically addresses this: if a law requires a document to be notarized, acknowledged, verified, or made under oath, that requirement is satisfied when the notary’s own electronic signature, together with all other required information, is attached to the record. This is the specific federal provision that makes electronic and remote online notarization legally possible in the first place, on top of whatever state RON law separately authorizes.
This means an electronically notarized document is legally distinct from one that’s merely e-signed – an e-signed contract has no third party vouching for the signer’s identity, while a notarized one does, regardless of whether either document ultimately relies on digital-signature cryptography behind the scenes. Confusing the two can matter a great deal in practice, since some receiving institutions will accept a plain e-signed document while others specifically require the added assurance notarization provides.
In practice, when you notarize a document through electronic notarization, your own signature is often just a basic electronic signature – typed or drawn – while the notary’s own certification is typically implemented as a genuine digital signature, cryptographically linked to their commission and issued by a trusted certificate authority, precisely because that certification needs to be tamper-evident. If someone alters the document after notarization, that cryptographic seal is what reveals the change occurred.
How Do These Three Work Together in Electronic Notarization?
During a typical digital notarization session, all three concepts show up in sequence: you create an electronic signature by signing on screen, the platform and notary verify your identity, and the notary applies a digital signature-backed seal that legally constitutes the notarization itself. Each layer does a different job, and losing any one of them would change what the final document actually proves.
- You sign the document electronically by typing, drawing, or clicking to sign, creating a basic electronic signature under ESIGN and UETA.
- The notary witnesses this signing live over video, satisfying the personal-appearance requirement most state RON laws still require.
- The notary applies their own certification, typically implemented as a cryptographically secured digital signature tied to their commission.
- The completed record carries both your electronic signature and the notary’s tamper-evident digital certification, together satisfying the legal notarization requirement under ESIGN Section 11 and applicable state law.
For a deeper look at the specific laws involved, see BlueNotary’s own guide to UETA and the ESIGN Act, or start a remote online notarization session directly.
To see how identity is checked before the notary applies a seal, read digital identity verification explained.
Do You Need Notarization, or Just an E-Signature?
Not every document needs a notary. If a document only needs signatures – an internal agreement, a consent form, or a routine contract where no one has asked for notarization – an e-signature is often enough, and adding a notary adds cost and time without adding legal value.
BlueNotary supports both. Alongside notarization sessions, it offers eSign-only sessions, where signers sign electronically without a notary. An eSign-only session gives you a legally valid electronic signature under ESIGN and UETA, but not a notarization: no notary verifies the signer’s identity or applies a seal. If the person or institution receiving the document requires it to be notarized, start a notarization session instead.
Not sure whether your document needs a basic electronic signature or a full notarization? Email BlueNotary directly at [email protected] and the team will help you out.
FAQ Section
Q1. What’s the difference between an electronic signature and a digital signature?
An electronic signature is any electronic mark showing intent to sign. A digital signature is a specific cryptographic type of electronic signature that verifies identity and detects tampering.
Q2. Is a digital signature the same as notarization?
No. A digital signature is a signature technology; notarization is a separate legal act where a notary witnesses a signature and certifies it.
Q3. Are electronic signatures legally binding?
Yes, for most contracts, under the federal ESIGN Act and the state-level Uniform Electronic Transactions Act, adopted by 49 states and D.C.
Q4. What law makes electronic notarization legal?
ESIGN Act Section 11 specifically allows a notarization requirement to be satisfied by a notary’s electronic signature attached to the record, alongside applicable state RON law.
Q5. Does my signature need to be a digital signature to be notarized?
No. Your own signature is typically a basic electronic signature; the notary’s certification is usually the part implemented as a digital signature.
Q6. Which documents can’t use electronic or digital signatures?
Wills, certain estate planning documents, and some family law and real estate documents may still require traditional signatures in some states.
