Yes, the ESIGN Act (Electronic Signatures in Global and National Commerce) is one of the esignature law (s) that assures it.
What is the ESIGN Act?
The Electronic Signatures in Global and National Commerce Act (E-Sign Act), 1 signed into law on June 30, 2000, provides a general rule of validity for electronic records and signatures for transactions in or affecting interstate or foreign commerce. The E-Sign Act allows the use of electronic records to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing, if the consumer has affirmatively con
This act ensures that:
- eSignatures can be used in the court of law as evidence
- eSignatures are as legally viable an option as wet signatures
- The effect, validity and enforceability of electronic documents are not denied
Is ESIGN Act the only enforceable electronic signature regulation in the U.S?
No. In addition to the ESIGN Act, the Uniform Law Commission drafted UETA (Uniform Electronic Transactions Act) in 1999 to provide a legal framework for electronic signature use per state. It outlines the legalities esignatures relating to everything from transferable records to automated transactions and retention of records.
UETA has been adopted by 48 US states. While Illinois and New York have not adopted UETA, they have implemented similar statutes validating e-signatures.
How to ensure that your documents are legally compliant in the US?
For an electronic signature to be legally binding, it must meet the following requirements;
- Consent to do business electronically
Most electronic signature laws also require some form of consent to do business electronically. Many enterprise electronic signature solutions ask signers to “click to accept” a standard consent clause or provide an option to customize a consent clause.
- Intent to sign
As with a handwritten signature, a signer must show clear intent to sign an agreement electronically. For example, signers can show intention by using a mouse or finger to draw their signature.
- Opt-out clause
If a signer elects to opt out of signing an agreement electronically, clear instructions on how to sign an agreement manually should be easily accessible as part of the signature workflow.
- Signed copies
All signers should have access to a fully executed copy of the agreement.
- Record retention
Record retention requirements are addressed via the ESIGN Act, which legitimized the validity of electronic records as long as they accurately reflect the agreement and can be reproduced as required. Often this requirement is met by providing a fully executed copy to the signer or permitting the signer to download a copy of the agreement.
What’s not covered by E-Signatures?
The following types of records and documents that aren’t covered include:
- Adoption and divorce paperwork
- Court orders and notices
- Wills, codicils, and trusts
- Cancellations of utility services (includes power, water, and heat)
- Notices of repossession, foreclosure, eviction, or the right to cure
- Product recalls or material failure
- Documentation that accompanies hazardous materials, pesticides, or other toxic or dangerous materials
We take your contract information security seriously, which is why sensitive communications with Whistle are protected with SSL encryption. Additionally, we encrypt all of your statically-stored user files and signature information in Amazon's S3 servers, which are housed in an ISO 27001 certified data center, and restrict physical and employee access to it.