Electronic signatures are a cost-effective and time-efficient alternative to wet signatures, but some businesses and professionals may have questions regarding their legality and enforceability. So are electronic signatures legal?

Electronic signatures are legal, enforceable, and safe to use. While they do need to meet a few requirements to be legally enforceable, nearly all electronic signature platforms, including jSign, meet these requirements, making them a great alternative to wet signatures for businesses looking to streamline their document workflows.

Here’s everything you need to know about whether or not electronic signatures are legal.

Are Electronic Signatures Legally Binding?

Yes, electronic signatures are legally binding and legally enforceable. Compliance laws can vary by country, but e-signature platforms like jSign make it easy to maintain compliance when signing documents online.

The E-Sign Act, signed by Bill Clinton in 2000, gives electronic signatures the same legal status as handwritten signatures. This Act, alongside the Uniform Electronic Transactions Act (UETA), makes e-signatures legally binding provided all parties agree to sign the document digitally.

It’s important to keep in mind, though, that a judge’s willingness to accept the validity of an electronic signature depends on whether or not it meets certain criteria. For an e-signature to be enforceable, you need to be able to prove the security of the signed document as well as the intent of the signee. If there is a realistic chance the document could have been tampered with, then the electronic signature may not be considered binding. 

What Makes an Electronic Signature Legally Binding?

For electronic signatures to be legally binding, it’s important to take steps to protect the document against tampering, prove the authenticity of the signature, and prove intent. Electronic signature platforms like jSign are designed specifically to help users comply with e-signature laws so that their documents are legally binding and enforceable.

When signing a document with jSign, users prove their intent to sign by adding their custom e-signature or clicking to accept the agreement. And to further protect against tampering and verify the authenticity of the document, jSign uses blockchain technology to create a verifiable audit trail that records any and all changes made to the document. There are also options to require signers to enter a custom passcode before signing. 

When your document is complete, you’ll receive a Certificate of Completion that includes important information, including the complete document history, to help prove the document’s authenticity.

Are Electronic Signatures Legal in All States?

Yes, electronic signatures have the same legal status as wet signatures in all states under state laws and the E-Sign Act. As long as you are able to prove intent, authenticity, and the security of the document, electronically signed documents are legally enforceable.

What Documents Can You Sign With Electronic Signatures?

Electronic signatures are enforceable for both business and personal documents, making them a great alternative to wet signatures for many common applications.

You can use electronic signatures to sign:

– Offer letters
– Invoices
– Contracts
– Real estate transactions
– Patient intake forms
– Purchase orders
– Non-disclosure agreements
– Accounting paperwork
– And more

While e-signatures can be used as an alternative to wet signatures for most documents, there are a few exceptions outlined by the National Telecommunications Information Administration (NTIA).

Some of the documents that cannot be signed electronically include:

– Last wills and testaments
– Court orders
– Notice of default, foreclosure, or eviction
– Health or life insurance termination notices

Individuals should always review their local laws and regulations to ensure their usage of electronic signatures is legal and valid.

jSign Features & Benefits

jSign is the leading platform for convenient and efficient electronic signatures. With jSign, you never have to worry about compliance as our platform is designed with e-signature laws in mind.

jSign offers a variety of features and benefits that make it easy for users to maintain efficient workflows and manage their important documents.

Legally Binding

jSign makes it as easy as possible to comply with e-signature laws. With blockchain technology, all of your documents are tracked, audited, and timestamped so that you’re aware of any tampering or unauthorized changes.

You’ll also receive a Certificate of Completion that includes the full document history, number of signers, timestamps, dates, and more information to verify the authenticity of the document.

Easy to Use

jSign is easy to set up and use. Simply sign up, create your custom electronic signature, upload documents, and start signing. By signing documents online, you can save time and money by streamlining your document workflows.

Two-Factor Authentication

Two-factor authentication safeguards your account by alerting you anytime someone tries to sign in to your account.

Custom Templates

Save time and cut down on repetitive tasks by creating custom templates for your most frequently used documents.

Seamless Integrations

jSign integrates seamlessly with popular cloud storage platforms like Google Drive, OneDrive, and Dropbox to make it easy for users to access and organize their most important documents.

FAQs

Still have questions?

Here’s everything you need to know about the legality of electronic signatures.

Do electronic signatures hold up in court?

Yes, electronic signatures will hold up in court as long as you are able to prove the intent of the signee, the authenticity of the document, and that the document was not tampered with.

What are the four requirements for an electronic signature to be valid?

Under the E-Sign Act and the UETA Act, there are four requirements for an electronic signature to be valid, including:

– Intent to sign
– Consent to sign electronically
– Association of signatures with the record
– Record retention

jSign’s electronic signature platform meets these requirements to ensure users are able to comply with these e-signature laws.

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jSign is available as a limited free trial featuring all of its capabilities, and paid plans start at just $9.99 a month.

Join today to start signing documents online!

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James Lintzer
Senior Marketing Manager

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