![]() ![]() Record retention: copies of signed documents must be available for reproduction as required.Authentication: the solution used to sign a document must ensure that a signature can be attributed to its user - for example through digital certificates.Consent: users must be able to give their consent though a customized agreement.Intent: users must be able to accept the agreement.The requirements that a digital signature must meet in order to be legally binding in the US are: (2) A contract relating to such transaction may not be denied legal effect or enforceability solely because an electronic record was used in its formation” “(1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. NebulaSUITE complies with both ESIGN and UETA, and its digital signature is therefore legally-compliant in the US.ĮSIGN Act defines an electronic signature as “an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record”. In summary, both laws regulate and validate digital signatures in the US. UETA has been adopted by 47 states, the District of Columbia, Puerto Rico and the US Virgin Islands -Illinois, New York, and Washington have their own laws regarding digital signatures, but they cannot contradict ESIGN, since it’s a federal law. UETA likens the legal equivalence of electronic records and signatures with paper writings and ‘wet signatures’, facilitating electronic commerce. This guarantees that digital signatures are legally binding in the US. They cover commercial transactions, so they don’t apply to documents for property transfers, wills, codicils, divorces or adoptions, among others.ĮSIGN states in the very first section (101.a), that a contract or signature “may not be denied legal effect, validity, or enforceability solely because it is in electronic form”, thus considering a digital signature as valid as a ‘wet signature’, its equivalent on paper. The Electronic Signatures in Global and National Commerce Act (ESIGN) 2000 and the Uniform Electronic Transactions Act (UETA) 1999, are regulations passed by the US Government with the aim of providing legal guidelines for both electronic records and signatures for transactions. ![]()
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