Glossary

What is consent to electronic records?

Short answer

Consent to electronic records is the signer agreeing to do business electronically rather than on paper. UETA section 5(b) says its rules apply only between parties who have agreed to transact electronically, which can be shown by conduct. The ESIGN Act goes further for consumers: under 15 U.S.C. 7001(c), information that a law requires in writing can be sent electronically only after the consumer gets set disclosures and consents.

Updated 25 October 2026

Consent to electronic records: Consent to electronic records is a person's agreement to conduct a transaction electronically, including receiving documents and signing them electronically instead of on paper. Under the ESIGN Act, consumers must give it affirmatively, after specific disclosures, before legally required information can be sent to them electronically.

What UETA requires

UETA section 5 makes electronic transactions voluntary. Under section 5(b) the Act applies only to transactions between parties that have each agreed to conduct the transaction by electronic means, and that agreement is judged from the context and surrounding circumstances, including conduct.

Someone who opens a signing link and signs has generally shown agreement. Section 5(c) lets a party refuse to conduct other transactions electronically, even after agreeing once.

The ESIGN consumer consent rules

Section 7001(c) applies when a statute or regulation requires information to be provided to a consumer in writing. Before the consumer consents, they must receive a clear statement covering:

Any right to receive the record on paper, and any fee for it
The right to withdraw consent, and any consequences
Whether consent covers only this transaction or a category of records
How to withdraw consent and update contact information
How to get a paper copy
The hardware and software needed to access and keep the records

Reasonably demonstrating access

The consumer must also consent electronically in a way that reasonably demonstrates they can access the information in the electronic form that will be used. That is why many consumer flows ask the person to open a PDF and confirm they could read it before agreeing.

These rules apply to required consumer disclosures, such as some loan or insurance notices. They do not apply to business-to-business contracts or to contracts that no law requires in writing.

Sign PDF's consent step

Before signing, every Sign PDF signer agrees to sign electronically, and the UTC time of that agreement is printed in the certificate of completion. That records the agreement UETA looks for and shows the signer chose the electronic route.

If you are a business delivering statutory consumer disclosures in the US, you may need the fuller section 7001(c) disclosures as well. Ask a lawyer how to handle them. This is not legal advice.

Questions people ask

Do businesses need to get consent for e-signatures between companies?

The formal ESIGN consumer disclosures do not apply to business-to-business deals. UETA still needs both sides to agree to transact electronically, which conduct can show.

Can a signer withdraw consent?

Yes. Under ESIGN a consumer can withdraw consent, and under UETA section 5(c) a party can refuse to transact electronically in future. Withdrawal does not undo records already signed.

Is clicking 'I agree to sign electronically' enough?

For most contracts it is clear evidence of agreement. For required consumer disclosures in the US, the 7001(c) disclosures must also be given first.

Where does Sign PDF record consent?

In the certificate of completion at the end of the signed PDF, with the UTC time each signer agreed to sign electronically.

Upload a document and watch the boxes land

See every signature, initial and date box placed before you sign up. Sending starts at $5 a month, monthly, cancel any time.

Upload a document