Help CenterIn 2000, Congress enacted the Electronic Signatures in Global and National Commerce (ESIGN) Act, establishing that electronic signatures are legally valid across all U.S. states, territories where federal law applies, and in federal government transactions.
An electronic signature is a digital equivalent of a handwritten signature or any other indication of a person’s intent to sign a document electronically. Examples include:
- Typing a name
- Selecting a name from a dropdown or clicking a button
- Uploading a scanned image of a signature
- Drawing a signature with a mouse or finger on a touch-enabled device
Importantly, documents, contracts, and signatures cannot be denied legal enforceability solely because they are electronic.
Legal Requirements for e-Signatures in the U.S.
To be legally binding, electronic signatures must meet the following criteria:
- Intent to sign: The signer must clearly demonstrate intent to approve the document’s terms (e.g., typing a name, selecting from a dropdown, or drawing a signature).
- Consent to sign electronically: Signers must consent to conduct business electronically, typically by acknowledging a consent clause (e.g., “click to accept”). This ensures they have the necessary technology to sign.
- Attribution: The signature must clearly identify the individual who signed the document.
- Copy of signed documents: Signers must have the option to receive a fully executed copy of the agreement.
- Data integrity: Signed documents must be protected against tampering or accidental loss.