Zign eSignatures by CoTé
Electronic signatures and US law
In the United States, electronic signatures have had the same legal standing as ink since 2000. What matters is not that a signature is electronic. It is whether the process captured intent, consent, attribution and a record you can reproduce later. This page sets out what the law asks for and what Zign does about each part of it.
The two laws that matter
Two pieces of legislation govern electronic signatures in the United States, and between them they cover essentially all commercial agreements.
The ESIGN Act (federal, 2000)
The Electronic Signatures in Global and National Commerce Act establishes that a signature, contract or record relating to a transaction in or affecting interstate or foreign commerce may not be denied legal effect, validity or enforceability simply because it is electronic.
UETA (state level)
The Uniform Electronic Transactions Act has been adopted in almost every state, and gives electronic signatures and records the same effect under state law. New York has its own equivalent statute. In practice the requirements line up closely with ESIGN.
What the law asks for, and what Zign does
Enforceability comes from the process, not the product. These are the elements courts and auditors look for.
| What is required | How Zign addresses it |
|---|---|
| Intent to sign | The signer takes a deliberate signing action on a field placed for that purpose, and must complete every required field before the document can be submitted. Nothing is signed by opening or scrolling a document. |
| Consent to transact electronically | Before signing, the signer is presented with and must accept an electronic records and signature disclosure. That acceptance, including what was shown and when it was agreed, is recorded in the audit trail. Where the signer is a consumer, ESIGN sets out additional disclosure obligations that the sender is responsible for meeting. |
| Attribution of the signature to the signer | Each signer receives a unique, single-purpose link sent to an address the sender nominates. Access, IP address, device, timestamps and every action taken are recorded against that signer. Where stronger assurance is needed, additional identity verification options are available on the Business and Enterprise plans. |
| Association of the signature with the record | Signatures are bound into the completed document itself rather than held separately, and the finished file is sealed so that any later alteration is detectable. |
| Retention and accurate reproduction | The completed agreement is retained with its audit trail and can be downloaded or produced at any time, in a form that reproduces the record as it was signed. Sender and signers each receive a copy on completion. |
Every completed document carries a certificate of completion: the signers, the addresses used, the sequence of events with timestamps, consent acceptance, and the technical details recorded at each step. It is the document you hand to an auditor, a regulator or opposing counsel when the question “can you prove they signed this?” arrives.
What these laws do not cover
ESIGN and UETA carve out categories of document where an electronic signature is not sufficient. Knowing where the line sits is part of using eSignature responsibly, so we would rather tell you up front than let you find out later.
- Wills, codicils and testamentary trusts
- Matters of family law, including adoption and divorce
- Certain notices required to be given on paper, among them cancellation of utility services, default, foreclosure or eviction notices, and cancellation of health or life insurance benefits
- Product recall notices affecting health or safety
- Documents required to accompany the transportation of hazardous materials
- Certain provisions of the Uniform Commercial Code
Individual states and specific regulators may also impose their own requirements, such as notarization, witnessing or wet-ink execution, on particular instruments. Where your industry is regulated, check the requirement that applies to the document in front of you.
This page is information, not legal advice. It describes how Zign is built and what the relevant legislation generally requires. Whether a particular agreement is enforceable depends on the agreement, the parties, the jurisdiction and how it was executed. If enforceability matters to your business, and in a signing workflow it usually does, take your own advice on the document types you intend to send.
Outside the United States
Zign is the same product wherever it is used. In Australia, electronic signatures are governed by the Electronic Transactions Act 1999 and its state equivalents, which rest on a similar footing: consent, identification of the signer, and reliability appropriate to the purpose. Customers signing across borders should confirm the requirements that apply in the signer’s jurisdiction as well as their own.