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Are eSignature Legal in the US? Understanding the Validity and Acceptance

July 3, 2023 | 5 Minutes

One of the most common questions that comes up when businesses and people move from paper to digital processes is, “Are eSignatures really legal in the US?” As online agreements, remote work, and automated workflows become more common, it’s important to know how legal and enforceable electronic signatures are.

The good news is that the answer is simple: yes, electronic signatures are legal, enforceable, and widely accepted in the US, as long as they meet a set of established standards. This blog post talks about when and how eSignatures are legal, what laws support them, and why more and more companies are using digital signing methods.

The Law That Lets People Sign Documents Online in The US

In the US, there are two main laws that say how electronic signatures can be used :

a. The ESIGN Act

which stands for Electronic Signatures in Global and National Commerce Act, became law in 2000.

The federal government says that contracts can’t be cancelled just because they are in digital form. Electronic signatures are just as legal as handwritten ones as long as the signing process follows the rules.

Executives signing official papers beside a U.S. flag, illustrating traditional document workflows transitioning to Electronic Signatures and electronic contract signing.

b. UETA stands for the Uniform Electronic Transactions Act.

UETA sets rules for using electronic records and signatures in business and government transactions. New York is the only state that hasn’t adopted it.

These laws work together to make a strong legal case that electronic signatures are legal in all areas, including business contracts, banking, insurance, and healthcare.

What Makes an eSignature Valid in Court?

eSignatures are legal, but they can’t be enforced unless they meet certain requirements. These are :

a. Willingness to Sign

The person who signs must make it clear what they want to do by typing, drawing, checking a box, or using a digital signature maker.

b. Agree to do business online

Both parties must agree to electronic transactions, which is usually shown by a simple checkbox or an acknowledgement.

Signing the record

The system should keep track of how the signature was used and link it directly to the document.

Keeping an eye on things

It is important to keep signed papers safe and easy to find later. A good eSignature platform does all of these things automatically in the background.

Why eSignatures are Common in US Businesses

Many businesses in many fields have started using eSignatures to speed up and make document workflows safer because there are clear laws that support them.

This is why :

a. Less time to finish things

Contracts used to take days or weeks to finish. Now, it only takes a few minutes to sign them. This speed is very useful in the areas of finance, real estate, government, and human resources.

b. More safety and following the rules

Advanced platforms have features that old-fashioned paper contracts don’t have, like encryption, audit trails, authentication tools, and records that can’t be changed.

c. More accuracy and fewer errors

It’s less likely that you’ll miss signatures, leave fields blank, or write in a way that’s hard to read when you use digital forms.

d. Customers will enjoy it more

Customers can sign papers from any device, anywhere, without having to print, scan, or mail them.

e. Cost-Effectiveness

Companies save a lot of money by not having to print, mail, store, and process things by hand.

Businesswoman selecting a digital form on a virtual screen, demonstrating the use of Electronic Signatures for secure electronic contract signing in the U.S.

When You Can’t Sign with eSignatures

Most of the time, electronic signatures are fine, but there are still some documents that need to be signed by hand by law.

For example:

  • Some legal papers, like wills
  • Court orders (this depends on the state)
  • A few contracts for family law
  • You need transfer papers to buy real estate in some states
  • Look at the rules in your state to see if there are any exceptions

How Safe Platforms Make Sure That Everything is Okay

It is very important to choose the right platform because the legality of the signature depends on how it is captured, checked, and stored.

A working e-signature solution should have :

  • Full audit trails
  • Authentication with more than one factor
  • Safe cloud storage
  • Automatic checks for compliance
  • Encrypted files

A Kind of Technology That Tells You When Something Has Changed

People and small businesses can use electronic workflows without spending a lot of money if they use platforms that let them sign documents for free or offer safe options for people who only use them once in a while.

Are All e-Signatures The Same?

There are three kinds of electronic signatures :

Simple Electronic Signatures (SES)

For everyday agreements, you can type, scan, or click “I Agree.”

More Advanced Electronic Signatures (AES)

Uses technology that can’t be tampered with and checks identity to make sure it’s real.

Valid Electronic Signatures (QES)

The EU uses certified signatures, while US businesses use SES/AES that follow ESIGN.

The End

Digital transformation is happening quickly, and eSignatures are becoming the most popular way for businesses to sign contracts and talk to each other. Because of remote work, automation, and mobile-first workflows, more and more people are using them in more and more areas.

Banks, insurance companies, the law, and the government used to use paper contracts, but now they all use electronic contract signing to make things go more smoothly and cut down on paperwork.

Start Signing Smarter with Secure, Legally Valid eSignatures

Boost compliance, speed, and convenience switch to fully legal US-accepted electronic signatures today.

Lightbulb-style SignBulb eSignature mascot representing tips for faster and safer eSignature workflows, secure online signatures, and a smooth paperless signing experience for all users

Inky

Hi there! I’m Inky, SignBulb’s cheerful companion for all things eSigning. I make document management simple, efficient, and even fun. From collaborative workflows and extensive template libraries to dashboards that keep everything transparent and organized, I help teams stay on top of every contract, approval, and signature so you can focus on growing your business without getting lost in paperwork.