Legal
Are electronic signatures legal in the U.S.?
Short answer: electronic signatures are generally recognized under the ESIGN Act and UETA. Some documents are excluded, and legal effect depends on the document and the law that applies.
What the ESIGN Act says
The Electronic Signatures in Global and National Commerce Act (ESIGN Act, 15 U.S.C. 7001 and following) is a federal law from 2000. In simple terms, it says that a signature, contract or record in a transaction affecting interstate or foreign commerce should not be denied legal effect only because it is in electronic form. It also sets extra steps, such as consumer consent, when the law requires that certain information be given to a consumer in writing.
What UETA says
The Uniform Electronic Transactions Act (UETA) is a model law from the Uniform Law Commission. Most states have adopted it, many with variations, and a few states use their own electronic signature laws. The core idea is similar: an electronic record or signature should not be denied effect only because it is electronic. Details differ from state to state, so check the law that applies to you.
Documents that are commonly excluded
Electronic signatures are not used for every kind of document. For example, these are commonly excluded or handled differently:
- wills and certain trusts created by a will
- some family law documents, such as adoption or divorce papers
- court orders and official court documents
- certain notices, for example some notices about utility cancellation, default, foreclosure or eviction
This is a short list of examples, not a full list. Whether a document can be signed electronically depends on the document and the law that applies.
What SuperSign records
SuperSign is a tool to send documents for signature and keep the record together with the signed file. For each envelope, it keeps:
- an audit trail of who did what and when
- the IP address of each recorded action
- the date and time of each action, shown in UTC
- a fingerprint (hash) of the file
- a signing report you can download with the signed document
See the sample signing report (fictional data). SuperSign does not decide whether your document is eligible for electronic signature, and it does not give legal advice. Read the Terms of Use for the rules that apply to the service.
Official sources
Frequently asked questions
Are electronic signatures legal in the U.S.?
Electronic signatures are generally recognized under the ESIGN Act and UETA. Some documents are excluded, and legal effect depends on the document and the law that applies. This is not legal advice.
Which documents are usually excluded?
For example, wills and some family law documents, certain notices and official court documents. The list depends on the document and the law that applies, so check before you send.
What does SuperSign record when someone signs?
An audit trail of who did what and when, the IP address, the date and time in UTC, a fingerprint (hash) of the file, and a signing report for each envelope.
Does SuperSign tell me if my document can be signed electronically?
No. SuperSign is a tool for sending and signing documents and does not give legal advice. If you are unsure about a document, ask a lawyer.
Also see Security and technology and Features.
