Electronic Signatures in Global and National Commerce (E-SIGN) Act
The E-SIGN Act validates the use of electronic records and signatures in interstate commerce.
- enacted June 2000
- designed to facilitate and promote e-commerce
- does not affect fundamental contract law principles
- allows contracting parties to use electronic records to satisfy any laws that require a contract be written
- is technology neutral
- forbids any state or federal statute from requiring that a specific technology be used for electronic transactions in interstate commerce
- specifically states that it does not preempt state laws based on the UETA
- does not preempt state laws that are similar to the UETA
- State laws that are significantly different from the UETA and E-SIGN are preempted by E-SIGN