Electronic Signatures
Are Electronic Signatures Legally Binding?
How U.S. law (the ESIGN Act and UETA) treats electronic signatures, what makes one enforceable, and the common exceptions to know about.
In the United States, electronic signatures are generally legally binding. Two laws established this: the federal Electronic Signatures in Global and National Commerce Act (ESIGN, 2000) and the Uniform Electronic Transactions Act (UETA), adopted by nearly every state. Both say a signature or contract may not be denied legal effect simply because it is electronic.
This article is educational and is not legal advice. For a specific situation, consult a qualified attorney.
What makes an electronic signature enforceable
Courts generally look for the same elements they would for a paper signature, adapted to a digital context:
- •Intent to sign — the signer took a deliberate action to sign.
- •Consent to do business electronically — the signer agreed to use electronic records (and, for consumers, can be given the option to receive paper instead).
- •Attribution — evidence linking the signature to the signer, such as name, email, IP address, timestamp, and device.
- •Record retention — an associated, tamper-evident record is kept and can be reproduced.
Common exceptions
ESIGN and UETA carve out certain documents that typically still require handwritten signatures or special handling. These often include:
- •Wills, codicils, and testamentary trusts.
- •Certain family-law documents such as adoption or divorce papers.
- •Some court orders and official court documents.
- •Specific notices (for example, utility shutoff, foreclosure, or insurance cancellation notices) and product recalls affecting health or safety.
How Tarchos Sign supports enforceability
Tarchos Sign captures the elements above: it presents an Electronic Record & Signature Disclosure and records the signer’s consent with a version and timestamp; it records name, email, IP address, timestamp, and device for each signing action; and it produces a tamper-evident audit trail plus a completion certificate. This supports — but does not by itself guarantee — enforceability, which ultimately depends on the transaction and applicable law.
This article is for general information and is not legal advice.
See what gets recorded when someone signs
Enforceability usually comes down to evidence. Every document sent with Tarchos Sign carries a tamper-evident audit trail and a completion certificate showing who signed, when, and from where — on the free plan too.