Printing, signing, and scanning: not always a good idea

A printed, signed, and subsequently scanned signature is legally valid but is considered the least reliable form of electronic signature. Under Dutch law (Article 3:15a of the Dutch Civil Code), an electronic signature has the same legal effect as a handwritten signature, provided that the method used sufficiently reliable in view of the purpose of the agreement and all the circumstances of the case. A standalone scan by no means always meets this requirement for important or high-risk contracts. Anyone seeking certainty should choose a signing method that aligns with the importance of the agreement.

Are you allowed to print, sign, and scan a contract?

Yes, that is allowed. The law recognizes the electronic signature, and a scanned signature falls under that. However, “it is allowed” says little about “it works”. The core question is not whether a signature is electronic, but whether the method used is reliable enough to prove later that the right person actually agreed.

In the past, contracts were concluded on the spot with a wet signature, and no one doubted the authenticity of the document. Nowadays, we print, sign, and scan increasingly often because it is fast and easy. That speed has a downside: a scanned signature is easy to copy, paste, and unlink from the person who supposedly signed it. Precisely this makes the evidentiary position vulnerable as soon as the opposing party disputes something.

Is a signature actually required?

No. In the Netherlands, freedom of form applies to most agreements: a contract is formed through offer and acceptance, and can in principle even be concluded orally. For example, you can agree orally to buy someone's car for a specific amount. The only problem is the proof. If the other party later disputes that an agreement was made, you are left empty-handed.

That is why we put agreements in writing and ask for a signature: not because the law always requires it, but because it makes the agreement demonstrable. In the case of a digital variant, we refer to it as an electronic signature, which has its own regulations in Dutch law and in the European eIDAS Regulation.

Please note: for some legal acts, the law does impose specific requirements regarding the form. If you are unsure whether your type of agreement is freely formable, consult a legal expert before relying on a standalone scan.

The three types of electronic signature

The law and the eIDAS Regulation distinguish three levels. The higher the level, the stronger the evidentiary position:

• Standard electronic signature – for example, a scanned signature, a name at the bottom of an email, or an “agree” checkmark. Easy to use, but the lowest level of reliability.
• Advanced electronic signature – uniquely linked to the signatory, enables identification, and signals subsequent changes to the document. Think of signing services with extra verification.
• Qualified electronic signature – the highest level, based on a qualified certificate. Under the eIDAS Regulation, this has the same legal effect as a handwritten signature.

For ordinary and advanced signatures, they are only equated with a wet signature if the method sufficiently reliable , taking into account the purpose for which it is used and all the circumstances of the case. In other words: the judge looks at the context. Only in the case of a qualified signature is this equivalence established in advance.

When is “sufficiently reliable” sufficient?

The reliability must be proportionate to the importance of the agreement. Simply scanning a signature may suffice perfectly well when purchasing a bicycle. However, if you are finalizing a major acquisition or entering into a long-term contract involving substantial financial interests, a higher level of reliability is advisable. The greater the risk, the more rigorous the method you choose.

Which signing method suits which contract?

As a rule of thumb, you can link the choice to the importance and risk of contestation:

• Low importance, low risk of conflict (small, daily appointments): a scanned or simple electronic signature is usually sufficient.
• Medium importance or recurring remote appointments: choose an advanced signature via a professional signing service with identification and an audit trail.
• Significant financial interest, long duration, or increased risk of conflict: consider a qualified electronic signature, optionally supplemented with identity verification.

How do you make an electronic signature more reliable?

You can increase the reliability of a digital signature in various ways:

• Use a secure connection and a professional signing service instead of a standalone scan.
• Add multifactor authentication , for example an SMS code, confirmation via a smartphone app, or a token generator.
• If necessary, request a copy of the proof of identity so that you can compare the signature (please note the applicable privacy rules).
• Have the signature confirmed by email or even by registered letter.
• Carefully retain the associated documentation (such as a signature receipt or audit trail).

How far you need to go varies by situation. However, that this is not an unimportant question is evident from a ruling by the District Court of The Hague.

Even with DocuSign, there is no legally valid agreement

In a case before the District Court of The Hague (judgment of 8 May 2018, ECLI:NL:RBDHA:2018:6370), a contracting party disputed that an agreement had ever been concluded. The opposing party asserted the contrary and submitted three agreements that had been concluded via DocuSign , a digital signature service. These also included a Certificate of Completion, and all agreements had been sent to the contracting party's email address, from which they had responded. It would seem straightforward.

However, the judge did not follow that position. There were too many inconsistencies: the signature on the agreement differed from that on the identity document, not all signatures matched, the name of the contracting party was misspelled multiple times, and the billing addresses did not match. As a result, it was insufficiently clear whether this person had actually entered into the agreement.

The conclusion: even a signature via a professional system like DocuSign was insufficiently reliable here. There was no legally valid agreement.

The lesson for entrepreneurs is clear. A digital signature service provides a solid foundation, but is no guarantee. The judge always takes all circumstances into account, and minor inconsistencies can be decisive.

What does this mean if an invoice or contract is disputed?

In practice, the situation often only becomes clear during a conflict. If a customer fails to deliver or refuses to pay claiming “I never signed,” you must demonstrate that an agreement did indeed exist and who is bound by it. A weak signature makes this difficult and can delay or weaken the collection process.

A reliable signing method with proper documentation significantly strengthens your evidentiary position, precisely when it matters most. If a claim stalls, our legal experts can assist you with collection and assess whether your documentation is strong enough to proceed.

Is scanning the signature a good idea?

For small, daily appointments, a scanned signature is usually fine. However, for contracts of significant importance, a long duration, or an increased risk of dispute, a standalone scan is often too vulnerable. In such cases, it pays to invest in a more reliable method.

Reliability is a must, but it must not unnecessarily hinder efficiency. It is about striking a healthy balance: for each type of contract, choose a signing method that suits its importance. Do you regularly conclude agreements remotely? Then it is wise to structure your standard contracts so that they can be signed electronically and demonstrably reliably. Our legal experts are happy to advise you on this, for example within contract law , and help you adapt existing contracts where necessary

Frequently asked questions about scanned and electronic signatures

Is a scanned signature legally valid?

Yes, a scanned signature is in principle legally valid and counts as a standard electronic signature. Whether it is also equivalent to a wet signature depends on whether the method is sufficiently reliable given the purpose of the agreement.

What is the difference between a regular and a qualified electronic signature?

A standard electronic signature (such as a scan) is simple but less reliable. A qualified electronic signature is based on a qualified certificate and, under the eIDAS Regulation, has the same legal effect as a handwritten signature.

Does an electronic signature have the same value as a wet signature?

That is possible, but it is not automatically the case. A qualified signature is treated the same as a handwritten signature. In the case of an ordinary or advanced signature, the judge assesses whether the method used was sufficiently reliable.

Which method should I choose for an important contract?

For contracts involving significant financial interest or a heightened risk of dispute, a mere scanned signature is often too weak. In such cases, opt for an advanced or qualified signature, optionally supplemented with identity verification and multifactor authentication.

What if the opposing party denies having signed?

Then it comes down to proof. You must make it plausible that precisely that person signed. A reliable signing method with proper documentation (such as a signature receipt) significantly strengthens that evidentiary position.

Is a signature via DocuSign always legally valid?

Not automatically. A service like DocuSign offers a good basis, but the judge takes all circumstances into account. In the case before the District Court of The Hague (2018), a DocuSign signature was deemed insufficiently reliable due to inconsistencies, meaning there was no legally valid agreement.

Have your contracts legally watertight

Are you unsure whether your signing method is sufficiently reliable, or do you want to structure your contracts so they can be securely concluded remotely? Our legal experts assist you in drafting and amending agreements, ensuring you have sound and legally valid arrangements.

• Assistance with drafting or reviewing a contract for services or other contracts.
• Advice on contract law and reliable digital signing.
• General legal assistance for entrepreneurs.

Would you like to discuss this with a legal expert? Schedule a no-obligation intake and we will look at your situation together.