What is a wet signature, and when do you still need one?

Updated

Short answer

A wet signature is a signature you put on paper with a pen. The term exists to distinguish it from an electronic signature. For many contracts, quotes and employment agreements a wet signature isn't needed. For notarial deeds you do sign at the notary.

Why is it called wet?

The ink used to be literally wet. Today businesses use the word to say they want an original on paper, not a scan or an electronic signature.

When is an electronic signature enough?

For a large share of business documents: quotes, order confirmations, employment contracts, non-disclosure agreements and supplier agreements. Under the European eIDAS regulation an electronic signature may not be denied legal effect or admissibility as evidence solely because it's electronic. Which method fits depends on the risk, the evidence you need and any form requirements.

When do you still need a wet signature or a notary?

  • Notarial deeds, such as the transfer of a home, a mortgage deed or a will. These are executed at the notary.
  • Documents for which another party explicitly requires a paper original, such as some foreign authorities or banks.
  • Situations where a qualified electronic signature is prescribed. Under eIDAS that always has the same legal effect as a handwritten signature; another electronic signature only has that effect if the method used is sufficiently reliable (article 3:15a Dutch Civil Code).

Wet or electronic: which is stronger as evidence?

A wet signature can be imitated and is hard to check without a handwriting expert. An electronic signature through a signing platform comes with an audit certificate with times, verification and a hash of the document. That often makes it easier to show who signed what and when. Read how to check that.

Frequently asked questions

No. A scan is a copy. See also the article on scanned signatures below.
An employer may choose how contracts are signed. The law doesn't require a wet signature for an employment contract; an electronic signature is allowed.

Read also

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