The ESIGN Act is the cornerstone of electronic signature legality in the United States. Understanding its requirements is essential for any business using digital documents.
What Is the ESIGN Act?
The Electronic Signatures in Global and National Commerce Act, signed into law on June 30, 2000, establishes that electronic signatures and records are just as legally valid as their paper counterparts in interstate and foreign commerce.
Key Requirements for Compliance
To ensure your e-signatures are ESIGN Act compliant, you must meet these criteria:
- Intent to sign — The signer must demonstrate clear intent to sign the document
- Consent to do business electronically — All parties must consent to using electronic records
- Association of signature with record — The system must link the signature to the specific document
- Record retention — Electronic records must be accurately retained and reproducible
What the ESIGN Act Covers
The Act applies to virtually all types of transactions, including contracts, agreements, disclosures, and notices. However, certain documents are excluded, such as wills, family law documents, court orders, and specific UCC transactions.
How Zignature Ensures Compliance
Zignature is built with ESIGN Act compliance at its core. Every signature captured includes a complete audit trail with timestamps, IP addresses, email verification, and optional identity verification — ensuring your documents hold up in any legal context.