Explore the Legality of Electronic Signature for Contracts in the United States

How to eSign a document: electronic signature lawfulness for contracts in United States

Everyone has signed something electronically by now. But is it legally enforceable? Electronic signatures are governed by two types of laws. First, the Electronic Signatures in Global and Natural Commerce Act, ESIGN, governs transactions that are involving multiple states or international transactions. That statute authorizes electronic signatures as long as certain notification processes have been complied with. For other transactions, the Uniform Electronic Transactions Act can apply. And that act has been approved in at least 48 states with minor variations. Several courts have authorized such electronic signatures relying on those acts, and each act has very specific requirements that must be met, such as the notice to the person signing storage of documents and access to those documents. One of the biggest things to prove is that the person signing electronically knew they were doing so and approved of the electronic process. Some exceptions to electronic signature rules are with special documents such as wills, real estate deeds or certain court documents. So next time you sign it make sure you have all the right criteria.