Electronic Signatures in the United States

Is an electronic signature valid in the United States?

Is an electronic signature valid in the United States?
Electronic signatures have been legally valid and binding in the United States since the year 2000. This method of signing conforms to national laws that safeguard users of electronically signed documents within that jurisdiction. In the United States, the relevant legislation is commonly known as the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA).

Similar to traditional ink signatures, an electronic signature is valid only if each party involved in a document intends to sign it, implying a level of mutual understanding.

Consent is a fundamental element in electronically signed transactions. All parties involved in an electronically signed transaction must consent to conducting the transaction in this manner. Consent is based on the circumstances of the interaction between the parties in a business context.

Requirements for a valid electronic signature include:

• Having received a copy of what is known as "Consumer Consent Disclosures under UETA."
• Having actively agreed to the use of electronic records in any transaction they are involved in.
• Not having revoked consent to conduct transactions electronically.
• Associating an electronic signature with the record.

The electronic signature system used to record any transaction must maintain an associated record that reflects the process by which the signature was created. Alternatively, the electronic signature software must generate a textual or graphical statement that is added to the signed record to explicitly demonstrate that it was executed with an electronic signature.

It is important to note that electronic signature records in the United States must be preserved and be an accurate reproduction, as a reference for any authorized person responsible for maintaining that record.

In what cases can electronic signatures and ZapSign not be used in the United States?

There are notable exceptions in which electronic signatures cannot be used in the United States. These exceptions include:

• The creation and execution of wills.
• Areas related to family law, such as adoptions and divorces.
• Documents related to the Uniform Commercial Code.
• Court documents.

In these circumstances, documentation must be physically signed.

It is worth mentioning that the legality of electronic signatures varies in some states of the United States. To date, 47 states have adopted UETA as a legal framework for electronic signatures. The states that have not adopted UETA are Illinois, New York, and Washington, and they have alternative legislation for electronic signatures:

• Illinois: Electronic Commerce Security Act.
• New York: Electronic Signatures and Records Act.
• Washington: Washington Electronic Authentication Act.

Is the ZapSign electronic signature valid in the United States?

Yes, ZapSign fully complies with the ESIGN and UETA. Our platform not only provides digital signature certificates for each electronic document but also ensures the use of electronic records, allowing you to securely store and access transaction details. This certifies that the company or individual has reliable and transferable records of each transaction at their disposal.