Electronic Signature Law in the United States

Electronic signatures have been legally recognized and binding in the United States since 2000, under two key laws:

• The Electronic Signatures in Global and National Commerce Act (ESIGN Act)
  
  
• The Uniform Electronic Transactions Act (UETA)
  
  

These laws form the backbone of eSignature legality across the country, ensuring digital transactions hold the same legal weight as traditional ink signatures when specific requirements are met.

Consent and Intent

For an electronic signature to be legally valid:

• All parties must intend to sign the document.
  
  
• All parties must consent to conduct business electronically.
  

In consumer-facing transactions, the signer must:

• Receive clear UETA Consumer Consent Disclosures
  
  
• Actively agree to use electronic records
  
  
• Not withdraw consent before signing
  

Association with the Record

The eSignature must be clearly linked to the document. This is typically done through:

• A digital audit trail
  
  
• A textual or graphic statement attached to the signed document that confirms the use of an eSignature
  

The record must also be:

• Retainable
  
  
• An accurate reproduction for future access by all entitled parties
  

When Are E-Signatures Not Accepted?

Electronic signatures are not valid in certain U.S. legal contexts. You cannot use eSignatures for:

• Wills and testamentary documents
  
  
• Court filings or official legal pleadings
  
  
• Documents governed by certain parts of the Uniform Commercial Code (UCC)
  
  
• Family law matters such as divorce, adoption, or custody
  

These documents still require traditional wet ink signatures.

Are Electronic Signatures Legal in All U.S. States?

Yes—with some variations.

• 47 states have adopted UETA.
  
  
• The remaining three states—Illinois, New York, and Washington—have their own laws governing eSignatures:
  

Despite these differences, all 50 states recognize the legality of electronic signatures.

Can I Use Blueink in the United States?

Yes. Blueink complies with both the ESIGN Act and UETA, offering legally binding electronic signatures for businesses, government agencies, healthcare providers, and more. Whether you're in California or New York, Blueink helps ensure your documents are secure, trackable, and fully enforceable under U.S. law.

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Digitize your signing process with a secure, legally compliant platform trusted across all 50 U.S. states.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. While we strive to provide accurate and up-to-date information, laws may change or vary by jurisdiction. We recommend consulting a licensed attorney to confirm how electronic signature laws apply to your specific situation in the United States.

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