Electronic Signatures in Global and National Commerce Act

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.Tooltip Public Law (United States) 106–229 (text) (PDF)
Statutes at Large	114 Stat. 464

The Electronic Signatures in Global and National Commerce Act (ESIGN, Pub. L.Tooltip Public Law (United States) 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 by ensuring the validity and legal effect of contracts entered into electronically.^[1]The Act was signed into law by President Bill Clinton on June 30, 2000, and took effect on October 1, 2000.^[2]

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.^[3]