Check your e-signature process against key requirements of the U.S. ESIGN Act and UETA.
Important Disclaimer: This tool provides general information based on U.S. law and is not a substitute for legal advice from a qualified attorney. Compliance may vary by jurisdiction and specific circumstances.
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Compliance Summary
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Overview of Key U.S. E-Signature Legislation
The ESIGN Act (Electronic Signatures in Global and National Commerce Act) - 2000
The ESIGN Act is a federal law that grants legal recognition to electronic signatures and records. Its core principle is that a signature, contract, or other record may not be denied legal effect or enforceability solely because it is in electronic form. This act provides the foundation for the validity of e-signatures across the United States.
UETA (Uniform Electronic Transactions Act) - 1999
UETA is a model state law, adopted by 49 states, that provides a legal framework for the use of electronic signatures and records in state commerce. It functions similarly to the ESIGN Act but at the state level. The ESIGN Act provides that if a state has adopted UETA without modification, then UETA governs. Both laws work in concert to ensure e-signature validity.
Key Principles for a Legally Binding E-Signature
Intent to sign: The signer must demonstrate a clear intent to sign the document electronically.
Consent to do business electronically: Signers must consent to conducting the transaction electronically, and this consent process has specific disclosure requirements.
Record retention: The signed electronic record must be retained and remain accessible to all parties involved.
Association of the signature with the record: There must be a secure process that logically associates the electronic signature with the document it signs.
