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The Electronic Signatures in Global and National Commerce Act, otherwise known as the E-Sign Act, states that electronic signatures shouldn't be considered invalid simply because they're electronic. In other words, e-signatures are completely legal and binding. They can hold up in court.

SIGN's special disclosure rules for consumer transactions do not apply to business transactions. Under SIGN, some System loans qualify as consumer transactions, while others are business transactions. You will need to distinguish between the two types of transactions to comply with SIGN.

Electronic signatures are legal in all 50 states in the United States. However, it's important to understand which specific acts and regulations protect those signatures in each state. While most states have both ESIGN and UETA protections, states like New York have opted for their own version of protections.

The Electronic Signatures in Global and National Commerce Act (E-Sign Act), 1 signed into law on June 30, 2000, provides a general rule of validity for electronic records and signatures for transactions in or affecting interstate or foreign commerce.

The electronic signature solution in the United States complies with the definition of an electronic signature under the Electronic Signatures in Global and National Commerce (ESIGN) Act and the Uniform Electronic Transactions Act (UETA).

The most obvious difference has to do with governance. The ESIGN Act is a federal act, which means it affects people who do business online in all 50 states. The UETA, meanwhile, has been adopted on a state-by-state basis. Individual states have the option to adopt or reject the guidelines presented in the act.

Digital signatures carry a user's information along with electronic signatures. Electronic signatures do not contain any authentication attached to them. A digital signature secures a document. An electronic signature verifies the document.