The ESIGN Act

Our ESIGN-compliant solutions ensure that every digital signature you make is legally binding and recognized across the USA.

eSignature Legality

Overview

What is the ESIGN Act?

The Electronic Signatures in Global and National Commerce (ESIGN) Act, enacted by the U.S. Congress on June 30, 2000, is a federal law that provides legal recognition and regulates the use of electronic signatures in commercial transactions across the United States. This legislation was aimed to protect and modernize the integration of electronic signatures and records in both business and consumer transactions, extending its impact across the United States and internationally.

Electronic signatures that comply with the guidelines of the ESIGN Act are granted the same legal validity as handwritten signatures in all states and territories throughout the United States where federal law is applicable.

ESIGN vs. UETA

What’s the difference between the ESIGN Act and UETA?

Frequently mentioned together, the ESIGN Act and UETA both govern electronic signatures and records in the US, yet they differ in scope and flexibility. The ESIGN Act is a federal law, ensuring uniform application across all 50 states and territories. Conversely, UETA serves as a model law, which allows states the option to adopt and modify it to suit their specific needs.

Both laws mandate that consumers must consent to electronic transactions. However, the ESIGN Act specifies detailed procedures and requirements for obtaining this consent, whereas UETA provides states with greater flexibility in how consent can be managed. States can therefore decide to accept or reject the guidelines laid out in the UETA.

Compliance

Is Sign.Plus ESIGN compliant?

Yes, Sign.Plus is a secure, legally binding and ESIGN compliant eSignature tool.

Our platform supplies digital certificates for each electronic agreement, facilitating the use of electronic records and allowing secure storage and retrieval of transaction details with ease. Sign.Plus ensures that records of each transaction are maintained and easily accessible. Discover more about how you can easily and securely sign documents electronically.

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Requirements to Satisfy

ESIGN Act requirements

Electronic signatures have to meet a few conditions in order to be in compliance with the ESIGN Act. Sign.Plus’s solutions not only meet but exceed the requirements, ensuring complete compliance with its mandates. Below is an overview of some key provisions:

Intent to sign

Electronic signatures are valid only when there is clear intent to sign by all parties involved. This can be achieved by having signers type their name or click on a clearly marked "Accept" button.

Consumer consent

Consumers must provide explicit consent to conduct electronic transactions.

Notice & rights information

Consumers must be provided clear notice regarding their rights to receive paper copies of electronic records and the process for withdrawing their consent.

Association of signature with record

An eSignature must be affiliated with the person who has signed the document.

Record retention & access

To maintain integrity and accessibility over time, electronic records must be retained in a format that accurately produces the original information and complies with retention periods mandated by other laws. Consumers must also have the necessary tools to access their electronic records.

Frequently Asked Questions

Do all states in the US adhere to the ESIGN Act or UETA?

While 47 states have adopted UETA, the ESIGN Act is a federal law that applies uniformly across all states.

How does the ESIGN Act handle consumer consent compared to UETA?

The ESIGN Act specifies detailed procedures and requirements for consumer consent, while UETA allows for more flexibility in this regard.

Can electronic signatures be used for official government documents under the ESIGN Act?

Yes, electronic signatures are legally binding for official government documents under the ESIGN Act.

What types of documents can be signed with electronic signatures under the ESIGN Act?

You can sign a wide range of documents, including contracts, government forms, and service agreements, using electronic signatures.

DISCLAIMER: The information on this site is for general information purposes only, and Sign.Plus cannot guarantee that all the information on this site is current or accurate. This is not intended to be legal advice and should not be a substitute for professional legal advice. For legal advice, consult a licensed attorney regarding your specific legal questions.

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