Electronic Signatures in Global and National Commerce Act

Citation: Electronic Signatures in Global and National Commerce Act (2000).

Overview
The Electronic Signatures in Global and National Commerce Act (E-Sign) was enacted June 30, 2000 by Congress to give electronic records and signature the same force and effect as traditional contracts written on paper. The first section of the Act states that a contract or signature “may not be denied legal effect, validity, or enforceability solely because it is in electronic form.”

Subsequent provisions also allow for the retention of records in electronic format so long as those electronic records “accurately reflect” the substance of the physical contract. E-Sign does not, however, require contracting parties to consent to use electronic signatures or agreements and instead requires the party requesting such use to obtain an agreement to electronic contracting from consumers.