Are E-Signatures Legal? About the E-SIGN Act and UETA

Are E-Signatures Legal?

 

With the emergence of technology and e-commerce in the late nineties, consumers and business owners were looking for an effective way to legally and efficiently complete business transactions over the Internet. The E-SIGN Act and the UETA were created to protect businesses and signatories online by providing guidelines regarding online signatures.

 

UETA Vs. E-SIGN

The Uniform Electronics Transactions Act (UETA) was enacted in 1999 at the state level to provide legal guidelines for the validation of online signatures. The UETA also details the validity of online signatures and business transactions, but it was enacted into federal law in 2000. Both acts establish that electronic signatures and manual signatures are equivalent means to form a binding contract and/or agreement.

 

An Electronic Signature is Recognized Under State or Federal Law If:

 

-       Both parties intended to sign the online document.

-       The parties have consented to do business electronically and have been provided with the UETA or ESIGN.

-       The information within the signed document, in this case the waiver, must be available to all parties involved. All signed documents must then be accurately retained for future use or review.  

 

UETA LINK http://www.uniformlaws.org/shared/docs/electronic%20transactions/ueta_final_99.pdf

 

E-SIGN LINK

Link: https://www.fdic.gov/regulations/compliance/manual/10/x-3.1.pdf

 

How Does This Law Apply to You as a Business Owner and WaiverFile Subscriber?

 

WaiverFile protects your business by enabling customers to read and agree to terms established by your company. They can complete the waiver at home before utilizing your business; or, alternatively, they can review the material on computers or iPads upon arriving at your establishment.

 

Furthermore, WaiverFile ensures that all completed and signed waivers are legal and valid under UETA and E-SIGN. After creating a waiver that protects both the business and the consumer, the legal information is disclosed to signatories before they sign. WaiverFile then stores, organizes and archives the completed waivers for future reference, making it accessible to subscribers in the event they need to locate the signed waiver for a previous client. Thus, WaiverFile eliminates the need for cumbersome paper files and records, while also protecting the interests of business owners.



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