Glossary

What is the ESIGN Act?

Short answer

The ESIGN Act is the US federal law, signed on 30 June 2000 and codified at 15 U.S.C. 7001 et seq., that makes electronic signatures and records as valid as paper ones for transactions in interstate and foreign commerce. It also sets consent rules before businesses can give consumers legally required information electronically. It works alongside UETA, the state-level law most states have adopted.

Updated 25 October 2026

ESIGN Act: The Electronic Signatures in Global and National Commerce Act (ESIGN), 15 U.S.C. 7001 et seq., is the US federal law of 2000 that says a signature, contract or record in interstate or foreign commerce cannot be denied legal effect solely because it is electronic.

What the ESIGN Act says

The core rule is in section 7001(a): a signature, contract or other record relating to a transaction in or affecting interstate or foreign commerce may not be denied legal effect, validity or enforceability solely because it is in electronic form, and a contract may not be denied effect solely because an electronic signature or record was used to form it.

Section 7006(5) defines an electronic signature as an electronic sound, symbol or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record. The Act is technology neutral: it does not require any particular method.

Consumer consent under section 7001(c)

Where a law requires information to be given to a consumer in writing, a business can deliver it electronically only if the consumer has affirmatively consented and has not withdrawn consent. Before consenting, the consumer must be told about their right to a paper copy, their right to withdraw consent, the hardware and software needed, and how to update contact details.

The consumer must also consent electronically in a way that reasonably demonstrates they can access the information in the form it will be sent. This rule covers required disclosures, not every contract a consumer signs.

What the ESIGN Act does not cover

Section 7003 lists exclusions. Among them:

Wills, codicils and testamentary trusts
Adoption, divorce and other family law matters
Court orders, notices and official court documents
Notices of utility cancellation, foreclosure, eviction or default on a primary residence
Cancellation of health or life insurance
Product recall notices and documents that must accompany hazardous materials

ESIGN, UETA and how Sign PDF fits

ESIGN applies nationally, while UETA governs at state level in every state that has adopted it. Section 7002 lets a state UETA take precedence where it was enacted as approved by the Uniform Law Commission. In practice the two lead to the same place for ordinary contracts.

Sign PDF signatures are valid under ESIGN for ordinary business contracts such as NDAs, offer letters and service agreements. We record each signer's agreement to sign electronically. If you are a business delivering consumer disclosures that must be in writing, you will need the fuller section 7001(c) disclosures, so ask a lawyer. This is not legal advice.

Questions people ask

When did the ESIGN Act take effect?

It was signed on 30 June 2000. Most provisions took effect on 1 October 2000, with some record-retention provisions starting later.

Does the ESIGN Act require a specific type of e-signature?

No. Any electronic sound, symbol or process adopted with intent to sign qualifies. A drawn signature, a typed name or a click can all count.

Does ESIGN apply to contracts between businesses?

Yes. It covers any transaction in or affecting interstate or foreign commerce. The consumer consent rules only apply when a law requires information to go to a consumer in writing.

Can I sign a will electronically under ESIGN?

No. Wills, codicils and testamentary trusts are excluded by section 7003. Some states have separate electronic wills laws, but ESIGN does not cover them.

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