Electronic signature standards
Sign is built to the United States electronic signature standard. Two statutes set it.
The ESIGN Act (15 U.S.C. 7001 et seq.) is the federal one. It provides that a signature, contract, or record may not be denied legal effect, validity, or enforceability only because it is electronic.
UETA, the Uniform Electronic Transactions Act, is the state-level counterpart, adopted in 49 states and the District of Columbia. New York has its own electronic signature statute rather than UETA.
Where the two differ, Sign is built to the stricter of them, which is ESIGN.
What makes an electronic signature hold up
Four things have to be true. They are the reason the signing flow is shaped the way it is.
| Element | What it means |
|---|---|
| Intent to sign | The signing act has to be unmistakably an act of signing, not a click that moves the signer along to the next screen. |
| Consent to sign electronically | The signer has to agree, before signing and on the record, to use electronic records and signatures, after being told what that involves. |
| Association with the record | It has to be possible to show that this signer signed this document. |
| Record retention | The signed document has to be kept in a form that can be reproduced accurately later. |
How consent is taken
Consent comes in two parts, in that order.
First, before the signer reaches the document, the Electronic Signature Disclosure is shown in full on the page. The checkbox under it starts unchecked, and Continue to Sign is disabled until it is ticked. The page states plainly that agreeing to the disclosure is not signing, and that the signer sees everything before anything is signed.
Second, the signing itself happens in the next step, as its own separate act on the document.
What the disclosure says
The disclosure the signer reads has three parts:
- Use of electronic signatures. Electronic signatures carry the same legal effect, validity, and enforceability as handwritten signatures under applicable law, under ESIGN and UETA.
- The right to a paper copy. The signer has the right to receive a paper copy, and can request one from the sender directly.
- Withdrawing consent. The signer can withdraw consent at any time by contacting the sender. Withdrawing does not affect the validity of signatures already given.
Save this as a PDF and Print it sit under the disclosure and stay available before and after signing, so the signer can keep a copy of what they agreed to at any point.
The signing record
Every party to the agreement receives the signing record, including a signer who has no Irys account. The signed document files back to the matter the request was sent from.
Documents the law leaves out
ESIGN section 7003 puts some document types outside the reach of electronic signature law. For these, an electronic signature may not be enough on its own:
- Wills, codicils, and testamentary trusts
- Adoption, divorce, and other family law matters
- Court orders and official court documents
- Foreclosure notices on a primary residence
- Cancellation of health or life insurance benefits
- Most provisions of the Uniform Commercial Code, other than Articles 2 and 2A
- Hazardous materials and product recall notices
The position on wills has moved. A number of states now authorize electronic wills by statute, so whether one can be signed electronically depends on which state's law applies. Check the law that governs the document before sending anything on this list for electronic signature.
This page describes the standard Sign is built to. It is not legal advice. Whether a particular signature holds up depends on the document, the parties, and the law that applies to it.