ESRA Resources: The Electronic Signatures in Global and National Commerce Act (ESIGN) in full

The ESIGN Act is a landmark federal law in the United States. Passed in 2000, it granted legal recognition to electronic signatures and records in the USA based on the understanding that if all parties to a contract choose to use electronic documents and to sign them electronically, they are legal.

The ESIGN Act (along with its precursor UETA) provided the legal foundation for use of electronic records and electronic signatures in commerce. It confirmed that electronic records and signatures carry the same weight and have the same legal effect as traditional paper documents and wet ink signatures. Both laws provide the following:

  • No contract, signature, or record shall be denied legal effect solely because it is in electronic form
  • A contract relating to a transaction cannot be denied legal effect solely because an electronic signature or record was used in its formation

As a resource for all ESRA members and visitors, the complete ESIGN Act is available here.