ESIGN Act
The ESIGN Act is the US federal law, passed in 2000, that says a signature, contract or record in interstate or foreign commerce can't be denied legal effect just because it is electronic.
In plain words
ESIGN stands for the Electronic Signatures in Global and National Commerce Act. It lives at 15 USC 7001 and the sections after it. It is short, and it does a few things.
- It sets the basic rule: electronic form alone is not a reason to refuse a signature or record.
- It defines an electronic signature broadly, around a person's intent to sign.
- It adds a special consumer disclosure rule where another law requires giving a consumer something in writing.
- It says records must be keepable and reproducible by the people entitled to them.
- It lists documents it doesn't cover.
It doesn't force anyone to accept electronic records, and it doesn't change other legal requirements.
An example
A landlord and tenant sign a lease online. Years later, the tenant says the lease isn't valid because it was never signed on paper. ESIGN answers that one point: the electronic form alone doesn't make it invalid. Whether the tenant actually signed is a separate question, answered by the evidence.
What it leaves out
Section 7003 lists exclusions. They include wills, codicils and testamentary trusts, family law matters, court orders and papers, and some notices such as utility shutoffs, foreclosure and eviction, and health or life insurance cancellation. Other law may still allow some of these. ESIGN just doesn't validate them.
How it shows up in docuinked
docuinked is designed to support ESIGN. The signing page shows the consumer disclosure by default, asks for consent as its own step, lets the signer decline or ask for paper, and emails every signer a copy of the signed PDF. The audit trail records each step.
It also matters for agents. ESIGN 7001(h) says a contract isn't invalid because an electronic agent took part, as long as its action is attributable to the person bound. That is why docuinked keeps a human in the loop on every live send an agent asks for.
Related terms
- UETA, the state-level companion
- Wet signature, still needed for some documents
- Notarization, which ESIGN 7001(g) touches
For the duties a signing flow owes, read ESIGN and UETA for builders.
Sources
Checked 2026-11-07.
This page is general information, not legal advice.
Common questions
Does the ESIGN Act apply outside the United States?
No. It is US federal law for transactions in or affecting interstate or foreign commerce. Other countries have their own rules, such as eIDAS in the EU.
Does ESIGN override state law?
It sets a federal floor. States that adopted UETA have a matching rule, and ESIGN lets those state laws work alongside it. The details of how they fit are a question for a lawyer.
Is a document excluded from ESIGN banned from e-signing?
Not always. An exclusion means ESIGN doesn't validate it. Other law, such as a state electronic wills act, may still allow it.
Related
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