The ESIGN Act and UETA, for builders
ESIGN is the federal law and UETA is the state law, and together they ask very little at the moment of signing. If you build signing into software, you owe three things: agreement to go electronic, a consumer disclosure when a law requires a writing, and records people can keep.
By docuinked. Published 2026-11-07, updated 2026-11-07.
How the two fit together
ESIGN (15 USC 7001 and on) took effect as a federal floor. UETA is a model law adopted in 49 states, DC and the US Virgin Islands, according to secondary summaries. New York uses its own act, with the same "intent to sign" idea. Both say a record can't be refused just for being electronic. Neither forces anyone to accept electronic records.
Duty one: agreement
UETA applies where the parties agreed to deal electronically. That can be judged from context and conduct, so a checkbox isn't strictly required. Ask anyway. A separate logged consent step ends the argument. A party can also refuse further electronic dealings, and that right can't be waived. So a signing page needs a way out.
Duty two: the consumer disclosure
This one is more specific, and it is the part builders miss. Where another law requires giving a consumer information in writing, an electronic record only counts if, first, the consumer gets a clear statement of:
- any right to paper, and the right to withdraw consent, with any fees
- whether consent covers this transaction or a category of records
- how to withdraw and update contact details
- how to get a paper copy
- the hardware and software needed to open and keep the records
The consumer must then consent in a way that "reasonably demonstrates" they can open the format. That is why docuinked asks signers to open a short test PDF and type a code from it when the disclosure is on. See the wording we show.
The duty sits with the business giving the record. A signing tool can only make it easy to meet. We leave the disclosure on by default because a platform can't know when another law applies to your document.
Duty three: records people can keep
A record must be capable of being kept by the recipient. Under UETA, if the sender's system stops printing or saving, the record can't be enforced against that recipient. So send everyone a full copy and never lock it.
Attribution
A signature is attributable to a person if it was their act, and that "may be shown in any manner", including the strength of a security procedure. Neither law requires a set method. That is why the log counts.
Software that acts for a person
ESIGN also covers electronic agents: a contract isn't invalid because an automated system took part, as long as the action is legally attributable to the person bound. That is the root of our view on agents. If software takes part, you should be able to show who authorized what.
Sources
Checked 2026-11-07.
This guide is general information, not legal advice.
Common questions
Does every consumer signature need the ESIGN disclosure?
No. It applies when a law requires giving a consumer information in writing. Software can't tell when that is true, so the safe default is to show it unless you know you don't need it.
Who is responsible for the disclosure, the platform or the business?
The party giving the record, which is normally the business. A platform supplies the tool. That is why our terms leave disclosures and retention with the customer.
Does ESIGN set how long to keep records?
No. Neither ESIGN nor UETA sets a period of its own. The period comes from the underlying law for that kind of document.
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