Electronic Signature Policy

Two of the most important pieces of legislation relating to electronic signature policy are the Electronic Signatures in Global and National Commerce Act, also known as the E-Sign Act, and the Uniform Electronic Transmissions Act, or UETA. These two federal laws spell out the guidelines regarding electronic signature policy, especially as it relates to interstate commerce. The E-Sign Act specifically states that a signature or contract "may not be denied legal effect, validity, or enforceability solely because it is in electronic form," making electronic signatures equally as valid as signed paper documents. The Uniform Electronic Transmissions Act was created in an attempt to create a uniform set of guidelines relating to electronic signature policy as opposed to many differing state laws. The provisions of the UETA reinforce many of the provisions of the E-Sign Act, and as of 2009 almost every state in the United States has adopted and implemented the UETA.

Fast Facts

  • 4 states - Georgia, Illinois, New York, and Washington - have not adopted UETA as of 2009, though they do have their own laws regarding electronic signatures.
  • 84% of the 70 countries reviewed in a 2001 study had laws which treated electronic signatures the same as the handwritten signatures.

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