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To be considered a legitimate digital signing, there are a few requirements. The most basic requirement is that the signer's identity is bound to a certificate or other type of identifying credential that can be encrypted and authenticated. A PKI-based digital certificate serves this purpose.

It's thus not the same as a federal law, which is enacted at the federal level and thus applies in all states. The key principles of UETA are: All else being equal, electronic contracts and records are just as valid as their paper equivalents.

Specifically, the act validates electronic records and signatures for interstate and foreign commerce transactions. With the E-Sign Act, electronic signatures can be held to the same standard and legal scrutiny of authenticity as their paper signature counterparts.

What is the Uniform Electronic Transactions Act? The UETA is an act published by the Uniform Law Commission in 1999 that grants electronic signatures the same legal weight as handwritten signatures. It helped define the terms of electronic signatures, which were foreign to courts until that point.

Four Key Aspects for E-Signature Enforceability Proof of Identity. ... Transmitted Copies of the Signed Document. ... Document Immutability. ... The Audit Trail.

Signatures in the U.S. First, the parties must agree to conduct the transaction electronically. This requirement can be met circumstantially by the parties' conduct. However, many electronic documents include a check box or other mechanism for the signer to indicate a willingness and intent to proceed electronically.

The Uniform Electronic Transactions Act (UETA) establishes the legal equivalence of electronic records and signatures with paper writings and manually-signed signatures, removing barriers to electronic commerce.

These four requirements are: Intent to sign. Like traditional signatures, electronic signatures are valid only if each party intends to sign. Consent to do business electronically. All parties involved must consent to do business electronically. ... Association of signature with the record. ... Record retention.

An act published by the Uniform Law Commission in 1999 giving electronic signatures and records (including contracts) the same legal effect as traditional handwritten signatures and paper documents under the statute of frauds.

The E-Sign Act allows the use of electronic records to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing, if the consumer has affirmatively consented to such use and has not withdrawn such consent.