The legality of eSignatures in the United States
eSignatures are legal and widely recognized across the United States, thanks to two key laws that establish their validity: the Electronic Signatures in Global and National Commerce Act
(ESIGN) and the Uniform Electronic Transactions Act (UETA). These laws ensure that electronic signatures hold the same legal standing as traditional handwritten signatures, making them legally enforceable in most cases.
ESIGN, passed in 2000, is a federal law that ensures contracts and agreements cannot be denied legal effect solely because they are signed electronically. This law applies to most types of transactions, including business contracts, consumer agreements, and government forms. ESIGN also outlines the requirements for electronic signatures to be valid, such as the signer’s intent to sign, consent to use eSignatures, and maintaining an accurate record of the transaction.
UETA is a model law adopted at the state level, with most states having enacted some version of it. UETA provides further clarity and guidelines for the use of electronic signatures in transactions, emphasizing that if all parties agree to conduct business electronically, an electronic signature is just as valid as a handwritten one.
Together, these laws ensure that eSignatures are legally binding in most situations across the United States. While some exceptions exist, such as wills, trusts, and certain court documents, eSignatures are widely accepted for the majority of business and legal transactions. This legal framework makes eSignatures a practical and secure option for businesses looking to streamline their document signing processes.
eSignatures are changing the way businesses operate in the United States and beyond – MyeSign is leading the way to innovative solutions for the SMB sector.
