What US ESIGN Act (15 USC ch 96): Legal Validity of Electronic Signatures and Records requires
The Electronic Signatures in Global and National Commerce Act, ESIGN (15 U.S.C. ch. 96), establishes the legal validity of electronic signatures, contracts and records in transactions affecting interstate or foreign commerce. Section 7001 sets the general rule of validity: a signature, contract or other record relating to such a transaction may not be denied legal effect, validity or enforceability solely because it is in electronic form, and a contract may not be denied legal effect solely because an electronic signature or electronic record was used in its formation. Section 7001 also sets consumer consent requirements: where a law requires that information be provided to a consumer in writing, an electronic record satisfies that requirement only if the consumer has affirmatively consented and has not withdrawn consent, the consumer is provided a clear statement of rights including the right to receive a paper copy and to withdraw consent, and the consumer consents in a manner that reasonably demonstrates that the consumer can access the information in the electronic form to be used. Section 7002 addresses how a State may modify the operation of section 7001, generally by adopting the Uniform Electronic Transactions Act. Section 7003 sets specific exceptions where electronic form is not sufficient, including wills, codicils and testamentary trusts, certain family law matters, and specified notices such as cancellation of utility service, default or foreclosure, and recall of a product. The Act is the legal foundation for US electronic contracting and e-signature enforceability.
Pillar: Legal & IP Sovereignty · Authority: US Congress / Federal Trade Commission and Department of Commerce · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title15/html/USCODE-2022-title15-chap96.htm
SHA-256 integrity: 94282a4722e0bb3e21900c22bb20194008630acaa3f925699256d46337d0a9f9
Primary Citations — 8 traced to source
- ESIGN Act, 15 U.S.C. 7001 - general rule of validity of electronic signatures, contracts and records.
- ESIGN Act, 15 U.S.C. 7001(c) - consumer disclosures and affirmative consent.
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