The ESIGN Act explained
The Electronic Signatures in Global and National Commerce Act (ESIGN Act) was signed into law on June 30, 2000. It gives electronic signatures the same legal standing as handwritten ones for most transactions in the United States.
What the ESIGN Act says
The Act establishes that electronic signatures and records cannot be denied legal effect solely because they are electronic. A contract cannot be rejected in court just because it was signed electronically rather than with ink on paper.
Key requirements for compliance
For an e-signature to be valid under ESIGN: the signer must intend to sign, they must consent to doing business electronically, the association between the signature and document must be clear, and the record must be retained and reproducible.
What ESIGN doesn't cover
The Act explicitly excludes: wills, codicils, and testamentary trusts; family law matters (adoption, divorce); court orders and notices; cancellation of utility services; product recall notices; and documents required to accompany hazardous materials.
ESIGN vs UETA
UETA (Uniform Electronic Transactions Act) is a state-level law adopted by 49 states (all except New York, which has its own ESETA). ESIGN is federal and provides a baseline where UETA hasn't been adopted. In practice, both laws produce the same outcome: e-signatures are legally binding.
Frequently asked questions
Is the ESIGN Act still in effect?
Yes. The ESIGN Act has been in effect since June 30, 2000 and remains the primary federal law governing electronic signatures in the United States.
Do all states recognize the ESIGN Act?
Yes. As a federal law, ESIGN applies nationwide. Additionally, 49 states have adopted UETA, and New York has its own Electronic Signatures and Records Act (ESRA).
How do I make sure my e-signatures are ESIGN compliant?
Use a platform that captures intent to sign, maintains an audit trail (timestamps, IP addresses), preserves the signed document, and provides access to records. SignOwl handles all of these automatically.
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