Plain English
Are electronic signatures legally binding?
In the United States, generally yes, and they have been for a long time. Two laws do the work: the federal E-SIGN Act and the state-level Uniform Electronic Transactions Act. Both say roughly the same thing, which is that a signature is not invalid just because it is electronic.
The two laws
The Electronic Signatures in Global and National Commerce Act, usually called E-SIGN, is federal and took effect in 2000. It provides that a signature, contract, or record may not be denied legal effect solely because it is in electronic form.
The Uniform Electronic Transactions Act, or UETA, is the state-level counterpart and has been adopted in nearly every state. New York did not adopt UETA itself and instead has its own comparable statute. The practical result across the country is the same: electronic signatures are generally enforceable.
What actually makes one hold up
The laws care less about the technology than about four things, which is why the record around a signature matters more than the image of it.
- Intent to sign. The person meant to sign, rather than clicking something ambiguous.
- Consent to do business electronically. Often implied by conduct, and sometimes required to be explicit for consumers.
- Association with the record. The signature has to be tied to the specific document it signed.
- Retention. The record has to be capable of being retained and reproduced accurately by everyone entitled to it.
Where electronic signatures do not apply
E-SIGN carves out categories where electronic records are not sufficient. The list includes wills, codicils, and testamentary trusts; adoption, divorce, and other family law matters; court orders, notices, and official court documents; certain provisions of the Uniform Commercial Code; notices of the cancellation of utility services; notices of default, foreclosure, or eviction relating to a primary residence; cancellation of health or life insurance benefits; product recalls affecting health or safety; and documents required to accompany the transport of hazardous materials.
Beyond that federal list, individual states and specific agencies impose their own requirements on particular documents. Notarization is its own separate question with its own rules that vary by state.
Why the audit trail is the practical answer
In a dispute, nobody argues about whether electronic signatures are legal in general. They argue about whether this particular person signed this particular document at this particular time.
That is a question about evidence, which is why every completed Signathing document carries a certified record: each signer, timestamps for sent, opened, and signed, a fingerprint of the exact file, and a verification code that anyone can check independently at signathing.com/verify without an account.
Common questions
- Is a typed name a valid signature?
- It can be. The law looks at intent and the surrounding record rather than whether the mark looks like handwriting. The evidence around the signing is what carries the weight.
- Do both parties have to agree to sign electronically?
- Generally yes, consent to transact electronically is part of the framework, and in consumer transactions there are specific disclosure requirements. In practice, being sent a document for electronic signature and signing it usually establishes that consent.
- Does an electronic signature need to be notarized?
- Notarization is separate from signing and has its own state-specific rules. If a document requires a notary, it still requires one.
- Is this legal advice?
- No. This is general information about how these laws work. Whether a specific document is enforceable in a specific situation is a question for a lawyer in your state.
General information, not legal advice. Laws change and their application depends on the specific facts. Consult a licensed attorney in your state about your own documents.
More in learn
Free, and not the kind of free with a catch
Unlimited documents, unlimited signers, certified PDFs on every one. No trial clock and no card to start.
Start signing free