Someone in procurement asks why your e-signature counts as a real signature. The short answer is 'the ESIGN Act'. The slightly longer answer is the federal statute Congress passed in 2000 that made e-signatures binding in every state. We're not your lawyer — but here's the structure.
What the law says
The Electronic Signatures in Global and National Commerce Act (Public Law 106-229) was enacted on 30 June 2000. The core rule is in Section 101(a): a signature, contract or record cannot be denied legal effect, validity or enforceability solely because it's in electronic form.
The law is technology-neutral. It doesn't require a particular kind of signature — typed name, drawn signature, biometric, certificate-based all count, provided the signer intended to sign.
Consumer consent rules
ESIGN imposes specific requirements when consumers are involved (consumer = an individual entering into a personal or household transaction). Before delivering certain disclosures electronically, the business must:
- Inform the consumer of their right to receive paper. - Get affirmative consent to electronic delivery. - Provide hardware/software requirements. - Demonstrate the consumer can access the format.
These rules are why you click through a screen of e-sign consent before signing a mortgage application or insurance form.
Federal preemption and UETA
ESIGN sets a federal floor. States can adopt their own laws provided they're consistent. UETA — the Uniform Electronic Transactions Act — has been enacted in 49 states (New York has its own equivalent statute). UETA tracks ESIGN closely.
If a state has UETA, its rules generally apply. If not, ESIGN does. The practical effect is the same in most cases.
What ESIGN doesn't cover
Specific carve-outs in Section 103:
- Wills, codicils, testamentary trusts. - Family law: adoption, divorce, custody, support. - Court orders, notices and pleadings. - Some commercial code categories. - Product recalls relating to health and safety. - Notices of termination of utility, insurance and similar essential services.
For everyday business contracts — supplier agreements, NDAs, employment offers, consulting engagements — ESIGN applies in full.
Practical use today
Flint's signing tool produces ESIGN-compliant signatures with audit trail (IP, timestamp, document hash). For multi-party signing — common in procurement — use the request signatures flow.
Counterparties pushing back on e-signatures in 2026 are usually arguing from habit, not law. Send them a link to the ESIGN Act and move on.
FAQ
Is ESIGN still current?
Yes. The Act has been in force since 2000 and is referenced in countless court decisions. It hasn't been substantially amended.
Does ESIGN apply to government?
Federal agencies can require specific electronic-signature standards beyond ESIGN's baseline. FDA, IRS and PTO all have their own additional rules.
What about international counterparts?
ESIGN is purely federal US law. Cross-border contracts usually rely on each country's local law and choice-of-law clauses in the contract.
Do I need both ESIGN and UETA compliance?
In practice the two overlap. Compliance with one in a UETA state is generally compliance with both. Most e-signature platforms handle it.
ESIGN turned 25 years old in 2025. Sign your next PDF in Flint — it's been legal since George W. Bush.