Glossary
ESIGN Act
Also called: Electronic Signatures in Global and National Commerce Act, UETA
The ESIGN Act is the US federal statute giving electronic signatures and records the same legal effect as paper, provided the parties intended to sign and consented to transact electronically. UETA is the corresponding state-level uniform law adopted in most states.
ESIGN Act explained
Technology neutral, intent focused
Where eIDAS defines tiers of technical assurance, ESIGN and UETA ask two questions: did the person intend to sign, and did the parties agree to do business electronically. If both hold, the signature has the same effect as ink. There is no qualified tier and no trusted list.
Consumer consent
ESIGN adds a specific requirement for consumer transactions: the consumer must receive a clear disclosure and affirmatively consent to electronic records, and must be told how to withdraw that consent and obtain paper copies. Business-to-business transactions do not carry this requirement.
The exclusions
Certain documents are outside the statute: wills and testamentary trusts, some family law instruments, court orders, certain notices such as utility cancellation and eviction, and product recall notices. These are narrow but worth checking before assuming electronic execution is available.
Record retention
Both statutes require that an electronic record accurately reflects the information and remains accessible to those entitled to it for the required retention period. That is a document management requirement rather than a signature one, and it is the part organisations overlook.
Evidence still decides disputes
As with eIDAS, the statutory position rarely settles a dispute. What settles it is the record: who signed, when, from where, what they were shown, and that the document is unchanged since.
FAQ
ESIGN Act: common questions
Is a typed name a valid signature in the US?
It can be, if intent and consent are present. The evidential question is whether you can show the person typed it, which is where a proper audit trail rather than the mark itself does the work.
Do ESIGN and UETA conflict?
Rarely in practice — ESIGN largely defers to UETA where a state has adopted it without variation. The differences that matter are in the handful of states that adopted non-uniform amendments.
Related terms
- 21 CFR Part 1121 CFR Part 11 is the FDA regulation governing electronic records and electronic signatures in regulated life sciences.
- Business associate agreementA business associate agreement is the contract HIPAA requires between a covered entity and any vendor that creates, receives, maintains or transmits protected health information on its behalf.
- Data processing addendumA data processing addendum is the contract between a controller and a processor governing how personal data is handled.
- eIDASeIDAS is the EU regulation establishing a framework for electronic identification and trust services.
- GDPRThe General Data Protection Regulation governs the processing of personal data in the EU, with an equivalent UK regime.
- Golden threadThe golden thread is the requirement, introduced by the UK Building Safety Act 2022, to create and maintain accurate building safety information for higher-risk buildings throughout their life.
Dernière revue: 28 août 2026. Browse the full glossary.