t - Wikipedia Jump to content Main menu Main menu move to sidebar hide Navigation Main page Contents Current events Random article About Wikipedia Contact us Contribute Help Learn to edit Community portal Recent changes Upload file Special pages Search Search Appearance Donate Create account Log in Personal tools Donate Create account Log in Contents move to sidebar hide (Top) 1 Contents Toggle Contents subsection 1.1 Definitions 1.2 General intent 1.3 Consumer disclosure 1.4 Retention of contracts and records 1.5 Promotion of international electronic commerce 2 See also 3 Notes 4 References 5 External links Toggle the table of contents Electronic Signatures in Global and National Commerce Act Add languages Add links Article Talk English Read Edit View history Tools Tools move to sidebar hide Actions Read Edit View history General What links here Related changes Upload file Permanent link Page information Cite this page Get shortened URL Print/export Download as PDF Printable version In other projects Wikidata item Appearance move to sidebar hide From Wikipedia, the free encyclopedia (Redirected from ESIGN Act ) United States federal law Electronic Signatures in Global and National Commerce Act Long title An Act To facilitate the use of electronic records and signatures in interstate or foreign commerce Citations Public law Pub. L.   106–229 (text) (PDF) Statutes at Large 114  Stat.   464 The Electronic Signatures in Global and National Commerce Act ( ESIGN Act , [ a ] Pub. L.   106–229 (text) (PDF) , 114  Stat.   464 , enacted June 30, 2000 , 15 U.S.C.   ch. 96 ) is a United States federal law , passed by the U.S. Congress to facilitate the use of electronic records and electronic signatures in interstate and foreign commerce. This is done by ensuring the validity and legal effect of contracts entered into electronically; [ 2 ] the Act was signed into law by President Bill Clinton on June 30, 2000, and took effect on October 1, 2000. [ 3 ] Although every state has at least one law pertaining to electronic signatures , it is the federal law that lays out the guidelines for interstate commerce . The general intent of the ESIGN Act is spelled out in the first section (101.a), that a contract or signature "may not be denied legal effect, validity, or enforceability solely because it is in electronic form". This simple statement provides that electronic signatures and records are just as good as their paper equivalents, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents. [ 4 ] Contents [ edit ] Definitions [ edit ] Section 106 of the ESIGN Act defines: [ 5 ] (2) ELECTRONIC – The term 'electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. ... (4) ELECTRONIC RECORD – The term 'electronic record' means a contract or other record created, generated, sent, communicated, received, or stored by electronic means. (5) ELECTRONIC SIGNATURE – The term 'electronic signature' means 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. General intent [ edit ] (1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and (2) a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. Consumer disclosure [ edit ] Section 101 of the ESIGN Act, sub-section (b), preserves the rights of individuals to choose not to electronic signatures. Here the law provides that individuals reserve the right to use a paper signature. Sub-section (c) is in direct support of (b) by requiring a "Consumer Disclosure" that the signatory has consented to use an electronic format. [ 6 ] Section 101(c)(1)(C) states that the consumer also "consents electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent". The consumer must provide affirmative consent , meaning that it cannot be assumed that a consumer has given consent simply because he/she has not chosen the option to deny consent, or has not responded to an option to grant consent. The first public implementation of Section 106 of the ESIGN Act came nine months prior to its approval, when in October 1999, SaveDaily.com founder Eric Solis , [ 7 ] used an electronic signature to establish paperless brokerage accounts. Solis overcame the requirements of section 101(c)(1)(C) by causing the consumer to agree in advance via Consumer Disclosures that all communications, including signatures would be executed and delivered electronically. [ citation needed ] Retention of contracts and records [ edit ] Section 101(d) provides that if a law requires that a business retain a record of a transaction, the business satisfies the requirement by retaining an electronic record, as long as the record 1) "accurately reflects" the substance of the original record in an unalterable format, 2) is "accessible" to people who are entitled to access it, 3) is "in a form that is capable of being accurately reproduced for later reference, whether by transmission, printing or otherwise", and 4) is retained for the legally required period of time. Promotion of international electronic commerce [ edit ] Title III (section 301) directs the Secretary of Commerce to promote the use of electronic signatures on an international basis, taking "all actions necessary" to remove or reduce barriers which could obstruct the wider adoption of electronic commerce. [ 5 ] : Section 301  See also [ edit ] Title 21 CFR Part 11 Uniform Electronic Transactions Act eIDAS China RealDID Notes [ edit ] ^ Abbreviated also as E-Sign Act. [ 1 ] References [ edit ] ^ Adobe , E-Sign Act requirements and what you should know , accessed on 1 April 2026 ^ "The Electronic Signatures in Global and National Commerce Act (E-Sign Act)" (PDF) . fdic.gov . Retrieved 28 November 2023 . ^ "Electronic Signatures In Global and National Commerce Act: The Consumer Consent Provision in Section 101(c)(1)(C)(ii)" (PDF) . June 2001 . Retrieved 28 November 2023 . ^ Electronic Signatures - Understanding the Origins, Laws and Effects Archived 2015-03-11 at the Wayback Machine ^ a b "Electronic Signatures in Global and National Commerce Act" (PDF) . 30 June 2000 . Retrieved 5 December 2023 . ^ "Electronic Signatures in Global and National Commerce Act ("ESIGN") | Isaac Bowman" . isaacbowman.com . Archived from the original on 3 March 2016 . Retrieved 15 January 2022 . ^ Lim, Paul J.: "Start-Up Makes Mutual Funds Easy for Small Investor--Maybe Too Easy," December 26, 1999 Los Angeles Times , retrieved March 12, 2025 External links [ edit ] Electronic Signatures in Global and National Commerce Act ( PDF / details ) as amended in the GPO Statute Compilations collection The eSign effect : Archive.org copy National Telecommunications and Information Administration , ESIGN Report: The Consumer Consent Provision in Section 101(c)(1)(C)(ii) Authority control databases International VIAF National United States Israel Retrieved from " https://en.wikipedia.org/w/index.php?title=Electronic_Signatures_in_Global_and_National_Commerce_Act&oldid=1346542373 " Categories : United States contract law United States federal commerce legislation Acts of the 106th United States Congress Cryptography law Computing legislation E-commerce in the United States Signature Hidden categories: Webarchive template wayback links Articles with short description Short description is different from Wikidata Use American English from June 2025 All Wikipedia articles written in American English All articles with unsourced statements Articles with unsourced statements from April 2023 This page was last edited on 1 April 2026, at 13:14  (UTC) . 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