Are electronic signatures legally valid under E-SIGN?

Yes, electronic signatures are legally binding if the signer’s intent and consent are clearly demonstrated.

Does the E-SIGN Act apply to all transactions?

No, exceptions include wills, family law matters, court orders, and certain real estate notices.

What counts as an electronic signature?

A wide range of methods including typed names, digital checkboxes, scanned images, or cryptographic keys.

Who enforces the E-SIGN Act?

The law is enforced by federal and state authorities, and compliance is required in both consumer and commercial contexts.

E-SIGN Electronic Signatures Act

United States

2000

Consumer Protection

Payments

Overview

The Electronic Signatures in Global and National Commerce Act (E-SIGN Act) was enacted in the United States in 2000 to provide legal recognition to electronic signatures and records. The law ensures that contracts and agreements signed electronically carry the same legal weight as those signed on paper.

E-SIGN applies to a wide range of industries, including financial services, insurance, real estate, e-commerce, and healthcare. It supports digital transformation by allowing organizations to use electronic records and signatures in transactions, provided that certain conditions are met.

Key Obligations

Obtain affirmative consumer consent before using electronic records
Ensure electronic signatures are attributable to the person signing
Provide consumers the option to receive records in paper form

Maintain accurate, accessible records for legal and regulatory compliance
Use technologies that ensure integrity and security of the signed documents

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