eSignature law in United States
Electronic signatures are legally binding under the federal ESIGN Act and state UETA, with the same enforceability as handwritten signatures.
Governing law: ESIGN Act (15 U.S.C. § 7001) + Uniform Electronic Transactions Act (UETA) (2000)
Electronic signatures have full legal validity in the United States under two complementary frameworks. The federal Electronic Signatures in Global and National Commerce Act (ESIGN), enacted in 2000, applies to interstate and foreign commerce. The Uniform Electronic Transactions Act (UETA), adopted in 49 states plus DC, covers intrastate transactions. Together they grant electronic signatures the same legal effect as handwritten ones, with four core requirements: intent to sign, consent to electronic transactions, association of the signature with the record, and accurate record retention. Both laws exclude a narrow class of documents (wills, certain family-law and court orders, utility shutoff notices) where wet-ink is still required.
What makes an eSignature valid in United States
- Intent to sign — affirmative action like clicking a "Sign" button
- Consent to electronic transactions — disclosed and accepted
- Association of signature with record — embedded or cryptographically linked
- Accurate record retention — accessible to all parties for the agreed term
- Capacity and authority — signer is competent and authorized
Where eSignatures are not valid
- Wills, codicils, and testamentary trusts
- Certain family-law documents (divorce, adoption decrees)
- Court orders, notices, and official court documents
- Notices of cancellation of utility services
- Product recall notices affecting health or safety
- Documents required by law to be notarized (RON laws apply separately)
FAQ
Are electronic signatures legal in the United States?
Yes. Under the federal ESIGN Act and state UETA, electronic signatures carry the same legal weight as handwritten signatures for nearly all commercial contracts.
Do I need a notary for an electronic signature?
Most commercial contracts do not require notarization. When notarization is required (real-estate deeds in many states, powers of attorney), Remote Online Notarization (RON) is now legal in over 40 U.S. states.
Can I use an electronic signature on an employment contract?
Yes. Employment offer letters, NDAs, non-competes, and at-will agreements are all valid with electronic signatures under ESIGN and UETA.
Is PDF Verified ESIGN compliant?
Yes. PDF Verified captures intent (explicit Sign button), records consent acceptance, embeds signatures in the document with cryptographic linkage, and retains records with full audit trails — meeting all ESIGN/UETA requirements.