Electronic signatures and the law

In the United States, the federal Electronic Signatures in Global and National Commerce Act (ESIGN) and state versions of the Uniform Electronic Transactions Act (UETA) provide that a contract or signature cannot be denied legal effect, validity, or enforceability solely because it is in electronic form. Under those laws, an electronic signature is "an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record."

How SignatureConfirm supports valid signatures

Courts and the statutes look for a few practical things in an electronic signature. SignatureConfirm is built around them:

• Intent. Signers act deliberately: they type their name, may draw their signature, and choose "Sign the Contract" to sign.
• Consent. The signing page states, right beside the button, that choosing it signs the contract electronically.
• Association with the record. Each signature is recorded on the contract itself, in the contract's activity history, alongside when it was sent, read, and signed.
• Retention. You and your signers each receive a copy by email, and a signed, printable PDF stays available on the contract.

Documents these laws do not cover

ESIGN itself excludes some document types, including wills, codicils, and testamentary trusts; adoption, divorce, and other family-law matters; court orders and filings; and certain critical notices (like utility cancellation, foreclosure or eviction, insurance cancellation, product recalls, and hazardous-materials paperwork). If your documents fall in those areas, follow the process those laws require instead.

Consumer documents

When the other party is a consumer, ESIGN adds disclosure duties for the sender: telling them they can get a paper record, that they can withdraw consent to do business electronically, and what hardware and software they need. Those obligations belong to you as the sender of the document; SignatureConfirm does not provide them for you.

Outside the United States

In the European Union, the eIDAS regulation recognizes several levels of electronic signature. Only a Qualified Electronic Signature is automatically equivalent to a handwritten one; simpler electronic signatures - the kind SignatureConfirm provides - rely on the principle that a signature cannot be rejected solely for being electronic. If your recipients are outside the United States, check the requirements that apply where they are.

A note on this page

This page is general information about electronic-signature law, not legal advice. For advice about your contracts and your jurisdiction, consult a lawyer.

Questions? Read the FAQ or contact support.