The Electronic Signatures in Global and National Commerce Act (ESIGN), known as the E-Sign Act of 2000, allows electronic signatures to be legally binding where normally such a signature must be provided in writing. This ensures validity and compliance of any statute, regulation or rule of law.
The Uniform Electronic Transactions Act (UETA) of 1999 ensures that electronic records and signatures are the legal equivalent of handwritten signatures on paper, making electronic commerce and transactions convenient.
Although very similar, the main difference between ESIGN and UETA is: States can adopt the UETA as they see fit, while ESIGN is federal legislation.
Together, these two electronic signature acts in the United States make e-signatures valid and legal on any forms, contracts or government documents for transactions that affect interstate or foreign commerce. They are important because they protect and legally enforce digital signatures on your contracts. Failure to comply may be treated as a withdrawal of consent and a technical violation of law.
Each Signer is required to complete a consent field that verifies they consent to doing business electronically. We also provide a Consumer Disclosure that can be placed in your Terms of Service.
The activity of each Signer (notification of the need to sign, when they view the form, and their signing of the document) is tracked and associated with both their email address and IP address.
In addition to tracking the actions of each Signer, a certificate can be generated with the document that lists the activity of each Signer and gives both parties access and the ability to save the signed document.
This requires the site owner to make it clear when creating the form that the user has intent to sign. Legal Signing will word the default consent field checkbox label to cover the Intent to Sign.
Note: If the user changes the checkbox label, we can’t guarantee that it is still compliant.