The short answer: yes. Electronic signatures are legally binding in the United States, and have been since 2000. The long answer involves two overlapping laws — one federal, one state — and a handful of conditions the signature has to meet. Here's what makes an e-signature valid, when you can rely on one, and where the exceptions are.

What is the ESIGN Act?

The Electronic Signatures in Global and National Commerce Act (ESIGN), passed by Congress in 2000, gives electronic signatures the same legal effect as handwritten ones in matters of interstate and foreign commerce. In plain terms: a contract can't be denied enforceability just because it was signed electronically.

What is UETA?

The Uniform Electronic Transactions Act (UETA) is the state-level counterpart. It's been adopted by 49 states — every state except New York, which has its own equivalent called the Electronic Signatures and Records Act (ESRA). Between UETA, ESRA, and ESIGN, every U.S. jurisdiction has a legal framework recognizing electronic signatures.

What makes an e-signature legally valid?

Under both ESIGN and UETA, an electronic signature is enforceable when four conditions are met:

  1. Intent to sign. The signer must clearly intend to sign — usually by typing their name, drawing a signature, or clicking a button explicitly labeled to that effect.
  2. Consent to do business electronically. Both parties must agree to conduct the transaction electronically. This is typically satisfied by a disclosure the signer accepts before signing.
  3. Association with the record. The signature must be logically connected to the document — not floating in a database somewhere unrelated.
  4. Record retention. The signed document, and its audit trail, must be retained in a form that can be accurately reproduced later.

What can't be signed electronically?

A handful of document types are explicitly excluded from ESIGN and UETA. These generally require ink signatures, notarization, or both:

  • Wills, codicils, and testamentary trusts
  • Certain family law documents (adoption, divorce decrees)
  • Court orders and official court documents
  • Notices of cancellation or termination of utility services (in some states)
  • Foreclosure and eviction notices (in some states)
  • Product recall notices affecting health or safety

The list is not exhaustive and varies by state. When in doubt for anything in these categories, check with a licensed attorney.

Audit trails and proof of signing

Legal validity in theory is one thing; being able to prove it in a dispute is another. That's why serious e-signature platforms produce an audit certificate alongside the signed PDF. A good certificate captures:

  • The exact time each party signed (with timezone)
  • The IP address of each signer
  • The signer's declared identity (name and email)
  • The consent disclosure they accepted
  • A cryptographic hash of the signed document

eSign Services attaches a compliance certificate to every signed document — the same evidence trail used by enterprise tools, with no subscription attached.

International recognition

Most developed jurisdictions have equivalents to ESIGN. The EU has eIDAS, which recognizes three tiers of electronic signature (simple, advanced, and qualified). Canada has PIPEDA and provincial equivalents; the UK has the Electronic Communications Act; Australia has the Electronic Transactions Act. If you're signing cross-border, verify the specific legal framework — but for most standard business documents, e-signatures are recognized nearly everywhere.

When to use an electronic signature

For everyday business — contracts, NDAs, statements of work, real estate disclosures, service agreements, invoices — electronic signatures are fully enforceable and dramatically faster than paper. The only real question is which tool to use.

For a walkthrough of how to actually collect one, see how to request a signature on a PDF. Ready to sign one now? Sign your document online — no account, pay per document.

This article is informational and not legal advice. For guidance on specific transactions or jurisdictions, consult a licensed attorney.