Is Your Electronic Signature Legally Enforceable? ** Things You Should Know About eSignatures

Welcome to Talk2Communicate, where we discuss all things communication, conflict, law, and negotiation, for everyone. I’m Steve Mehta, a communication specialist, an attorney, and a professional mediator for over 29 years.

Everyone has signed something electronically by now but is it legally enforceable? Two types of laws govern electronic signatures: First, the Electronic Signatures in Global and Natural Commerce Act (ESIGN) governs transactions that involve transactions that involve parties in multiple states or international transactions. That statute authorizes electronic signatures as long as specific notification processes have been satisfied. For other transactions, the Uniform Electronic Transactions Act can apply. That act was approved in at least 48 states with minor variations. Several courts have authorized such electronic signatures relying on those acts.

Each act has precise requirements that must be met, such as providing notice to the person signing, storage of documents, and access rights. One of the biggest things to prove is that the person signing electronically knew they were doing so and approved the electronic process.
Some exceptions to the electronic signature rules are special documents such as wills, real estate deeds, or certain court documents.

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Necessary Disclaimer. This is not legal advice. I AM NOT YOUR LAWYER. I am not licensed to practice law in all 50 states. Sorry! Even if I was, I am not allowed to, nor am I giving, you legal advice. This is not legal advice. The information provided is for your educational and entertainment purposes and should not be considered legal advice. I am not trying to give you legal advice, nor should you consider it as legal advice. If you have a specific legal issue, you should contact your attorney to obtain advice. If you think there is an emergency, you should stop watching this video and dial 911. Nothing here should be construed to form an attorney-client relationship. Some of the links in this post may be affiliate links, where Talk2Communicate or myself may earn a small commission at no cost to you if you click through and make a purchase at that site. We do not get paid to make these videos, but the affiliate links help to pay for the video equipment and supplies. All non-licensed video clips, images, or sounds are used for fair use commentary, criticism, and educational purposes.

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