Is an electronic signature legal in United States?

What counts as an electronic signature in the US?

ESIGN defines an electronic signature broadly: 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. A typed name, a drawn signature on a screen, a click on an "I agree" button, or a signature created in an e-signature platform can all qualify.

Unlike the EU, US law does not create tiers such as "advanced" or "qualified" signatures. It is technology-neutral: the question is not which technology you used, but whether the signer intended to sign and whether you can attribute the signature to them.

What makes a US e-signature hold up?

Intent to sign: the signer must take a deliberate action, such as clicking a clearly labelled signing button or drawing a signature.

Consent to do business electronically: UETA applies only where the parties have agreed to transact electronically, which can be inferred from conduct. For consumer disclosures that a law requires in writing, ESIGN (15 U.S.C. §7001(c)) requires affirmative consent after specific disclosures, including the right to receive paper copies.

Association of the signature with the record, and record retention: the signed document must be kept in a form that accurately reflects it and can be reproduced later by everyone entitled to it.

Is an e-signature admissible as evidence in the US?

UETA §13 states that a record or signature may not be excluded from evidence solely because it is electronic. In a dispute, the party relying on the signature must still show that it is authentic, meaning it was the act of the person who is said to have signed.

Attribution is usually proven with the surrounding evidence: the email address the signing link was sent to, timestamps, IP addresses, and a cryptographic hash showing the document was not changed after signing. An audit trail that captures these details is often the most useful piece of evidence you have.

Which documents are excluded or need extra steps?

ESIGN (15 U.S.C. §7003) excludes wills, codicils and testamentary trusts; family-law matters such as adoption and divorce; most of the Uniform Commercial Code other than sales and leases of goods (Articles 2 and 2A); court orders and official court documents; and certain consumer notices, such as utility shut-off, foreclosure or eviction notices, cancellation of health or life insurance, and product recall notices.

Some documents need a notary. Many states now allow remote online notarization (RON), but that is a separate process performed by a commissioned notary, not something an ordinary e-signature replaces. A few states have also adopted electronic wills statutes; check the state's current law before relying on one.

How should US businesses use e-signatures?

For everyday contracts such as NDAs, sales agreements, offer letters, freelance and service agreements, and most commercial leases, a simple electronic signature with a good audit trail is standard practice.

Send each signing request to a verified email address, keep the final signed PDF together with its audit trail, and, for consumer transactions, build the ESIGN consent disclosure into your signing flow. eSignSimple provides simple electronic signatures with an audit trail that records timestamps, IP addresses and a document hash.

This page is general information about how electronic signature law works, not legal advice. For a specific high-value or regulated transaction, check with a qualified lawyer in the relevant jurisdiction.