In short
Yes. Under the federal ESIGN Act, a signature, contract or other record in interstate or foreign commerce “may not be denied legal effect, validity, or enforceability solely because it is in electronic form” (15 U.S.C. 7001(a)). State versions of the Uniform Electronic Transactions Act (UETA) say much the same. Both laws exclude some documents, such as wills. ESIGN also sets rules for consumer disclosures and record keeping.
What the ESIGN Act says
- Definition. An electronic signature is “an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record” (7006(5)).
- No one is forced. ESIGN does not require anyone to use or accept electronic records or signatures, except a government agency for records other than its own contracts (7001(b)(2)).
- Consumer consent. If a law says a consumer must get information in writing, an electronic record counts only after the consumer affirmatively consents. The consumer must first get a clear statement of their rights and of the hardware and software needed (7001(c)).
- Record keeping. A retained electronic record must accurately reflect the information and stay accessible in a form that can be accurately reproduced (7001(d)). If it cannot be, its legal effect may be denied (7001(e)).
What UETA says
UETA is a model law. Each state enacts its own version.
- “A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.” If a law requires a writing or a signature, an electronic one satisfies it (UETA section 7).
- UETA applies only when each party has agreed to conduct the transaction electronically. Agreement can be shown by conduct (section 5(b)).
- A signature is attributed to a person if it was that person’s act. This can be shown in any manner, including by the efficacy of a security procedure (section 9(a)).
Documents the laws exclude
ESIGN’s general rule does not apply to (15 U.S.C. 7003):
- Wills, codicils and testamentary trusts.
- Adoption, divorce and other family law matters.
- The Uniform Commercial Code, except sections 1-107 and 1-206 and Articles 2 and 2A.
- Court orders, notices and official court documents.
- Some notices: utility cancellation; default, foreclosure or eviction for a primary residence; cancellation of health or life insurance benefits (not annuities); and product recalls that risk health or safety.
- Documents that must travel with hazardous materials.
UETA has a similar list and lets each state add exclusions (section 3(b)).
Practical checklist
- Confirm the document is not on a federal or state exclusion list.
- Get each party’s agreement to sign electronically, and keep proof.
- For consumer disclosures that must be in writing, add an ESIGN consent step.
- Verify signers with a method that fits the risk.
- Give every party a copy they can keep and reproduce.
- Keep the signed document and audit trail for the full retention period.
How vScrawl fits
vScrawl is designed to support electronic signatures under the ESIGN Act and UETA. Requirements vary by document and jurisdiction.
- Audit trail. vScrawl records who viewed and signed, when and from where. Each signed document includes a certificate of completion with timestamps, IP addresses and email verifications.
- Signer authentication. Turn on two-factor authentication (a one-time code) or passkeys for each document. A signer who fails verification cannot open the document.
- Templates. Save reviewed forms and consent wording as templates, so every send uses the same approved text.
- Records. Download completed documents for your files. Keeping them is your responsibility.
vScrawl does not give legal advice or decide whether a document is enforceable. If you send consumer disclosures, add your own ESIGN consent wording and have your counsel review it.
FAQ
Is a typed name a valid e-signature in the US?
It can be. ESIGN covers any "electronic sound, symbol, or process" adopted with the intent to sign. Keep the audit trail as proof.
Do both parties have to agree to sign electronically?
Under UETA, yes, and agreement can be shown by conduct. ESIGN does not force anyone to use electronic signatures.
Can I sign a will electronically under ESIGN or UETA?
No. Both laws exclude wills, codicils and testamentary trusts. Check your state's own rules.
Which law applies, ESIGN or UETA?
ESIGN is federal law. A state that enacts UETA as approved in 1999 can modify or replace the ESIGN general rule for state law (15 U.S.C. 7002). Check your state's version.
Related: E-signature laws by country · Signer Authentication
This page is general information, not legal advice. Ask a qualified lawyer about your documents and state.
Sources
- ESIGN Act, 15 U.S.C. 7001-7006 (U.S. Code, 2024 edition, govinfo.gov): https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap96.htm
- Uniform Electronic Transactions Act (1999), final text, Uniform Law Commission: https://www.uniformlaws.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=1b1ffc6b-9b6a-35a4-2a83-7b4d5c0f77a7&forceDialog=0
