Uniform Electronic Transactions Act
The Uniform Electronic Transactions Act establishes the legal equivalence of electronic records and signatures with paper writings and manually-signed signatures, removing barriers to electronic commerce. Guidestar electronic forms are a type of electronic record that includes electronic signatures as defined by this law.
Forty-seven states, the District of Columbia, and the Virgin Islands have adopted the Uniform Electronic Transactions Act. Illinois, New York, Washington State, and the Federal Government have adopted equivalent laws but with different language (see below).
Key provisions and definitions of the Uniform Electronic Transactions Act
Section 7. Legal Recognition of Electronic Records
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
Section 2. Definitions
(7) Electronic record – means a record created, generated, sent, communicated, received, or stored by electronic means.
(8) Electronic signature – means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Click here to find the full text of the act
Illinois Electronic Commerce Security Act key provisions
Article 5. Electronic Records and Signatures Generally
Electronic record means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.
Electronic signature means a signature in electronic form attached to or logically associated with an electronic record.
Sec. 5-115.(a) Where a rule of law requires information to be "written" or "in writing", or provides for certain consequences if it is not, an electronic record satisfies that rule of law.
Sec. 5-120.(a) Where a rule of law requires a signature, or provides for certain consequences if a document is not signed, an electronic signature satisfies that rule of law.
New York State Electronic Signatures and Records Act key provisions
Section 302. Definitions. For the purpose of this article:
Electronic record shall mean information, evidencing any act, transaction, occurrence, event, or other activity, produced or stored by electronic means and capable of being accurately reproduced in forms perceptible by human sensory capabilities.
Electronic signature shall mean an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record.
Section 304. Use of electronic signatures.
In accordance with this section unless specifically provided otherwise by law, an electronic signature may be used by a person in lieu of a signature affixed by hand. The use of an electronic signature shall have the same validity and effect as the use of a signature affixed by hand.
Section 305. Use of electronic records
An electronic record shall have the same force and effect as those records not produced by electronic means
Washington State Electronic Signatures and Records key provisions
Section 19.360.020 State agencies—Electronic signatures and records—Use and acceptance.
(1) Unless specifically provided otherwise by law or agency rule, whenever the use of a written signature is authorized or required by this code with a state agency, an electronic signature may be used with the same force and effect as the use of a signature affixed by hand, as long as the electronic signature conforms to the definition in RCW 19.360.030 and the writing conforms to RCW 19.360.040.
Section 19.360.030 Definition—"Electronic signature"—Use of term.
(1) Unless specifically provided otherwise by law or rule or unless the context clearly indicates otherwise, whenever the term "signature" is used in this code for governmental affairs and is authorized by agency rule or policy pursuant to RCW 19.360.020, the term includes an electronic signature as defined in subsection (2) of this section.
(2) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
Section 19.360.040 Definition—"Record"—Use of term.
(1) Unless specifically provided otherwise by law or rule or unless the context clearly indicates otherwise, whenever the term "writing" is used in this code for governmental affairs and is authorized by agency rule or policy pursuant to RCW 19.360.020, the term means a record.
(2) "Record," as used in subsection (1) of this section, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form, except as otherwise defined for the purpose of state agency record retention, preservation, or disclosure.
Federal Electronic Records and Signatures in Global and National Commerce Act of 2000
Key provisions
General rule of validity
(a) In general, notwithstanding any statute, regulation, or other rule of law … with respect to any transaction in or affecting interstate or foreign commerce
(a)(1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form
Forty-seven states, the District of Columbia, and the Virgin Islands have adopted the Uniform Electronic Transactions Act. Illinois, New York, Washington State, and the Federal Government have adopted equivalent laws but with different language (see below).
Key provisions and definitions of the Uniform Electronic Transactions Act
Section 7. Legal Recognition of Electronic Records
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
Section 2. Definitions
(7) Electronic record – means a record created, generated, sent, communicated, received, or stored by electronic means.
(8) Electronic signature – means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Click here to find the full text of the act
Illinois Electronic Commerce Security Act key provisions
Article 5. Electronic Records and Signatures Generally
Electronic record means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.
Electronic signature means a signature in electronic form attached to or logically associated with an electronic record.
Sec. 5-115.(a) Where a rule of law requires information to be "written" or "in writing", or provides for certain consequences if it is not, an electronic record satisfies that rule of law.
Sec. 5-120.(a) Where a rule of law requires a signature, or provides for certain consequences if a document is not signed, an electronic signature satisfies that rule of law.
New York State Electronic Signatures and Records Act key provisions
Section 302. Definitions. For the purpose of this article:
Electronic record shall mean information, evidencing any act, transaction, occurrence, event, or other activity, produced or stored by electronic means and capable of being accurately reproduced in forms perceptible by human sensory capabilities.
Electronic signature shall mean an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record.
Section 304. Use of electronic signatures.
In accordance with this section unless specifically provided otherwise by law, an electronic signature may be used by a person in lieu of a signature affixed by hand. The use of an electronic signature shall have the same validity and effect as the use of a signature affixed by hand.
Section 305. Use of electronic records
An electronic record shall have the same force and effect as those records not produced by electronic means
Washington State Electronic Signatures and Records key provisions
Section 19.360.020 State agencies—Electronic signatures and records—Use and acceptance.
(1) Unless specifically provided otherwise by law or agency rule, whenever the use of a written signature is authorized or required by this code with a state agency, an electronic signature may be used with the same force and effect as the use of a signature affixed by hand, as long as the electronic signature conforms to the definition in RCW 19.360.030 and the writing conforms to RCW 19.360.040.
Section 19.360.030 Definition—"Electronic signature"—Use of term.
(1) Unless specifically provided otherwise by law or rule or unless the context clearly indicates otherwise, whenever the term "signature" is used in this code for governmental affairs and is authorized by agency rule or policy pursuant to RCW 19.360.020, the term includes an electronic signature as defined in subsection (2) of this section.
(2) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
Section 19.360.040 Definition—"Record"—Use of term.
(1) Unless specifically provided otherwise by law or rule or unless the context clearly indicates otherwise, whenever the term "writing" is used in this code for governmental affairs and is authorized by agency rule or policy pursuant to RCW 19.360.020, the term means a record.
(2) "Record," as used in subsection (1) of this section, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form, except as otherwise defined for the purpose of state agency record retention, preservation, or disclosure.
Federal Electronic Records and Signatures in Global and National Commerce Act of 2000
Key provisions
General rule of validity
(a) In general, notwithstanding any statute, regulation, or other rule of law … with respect to any transaction in or affecting interstate or foreign commerce
(a)(1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form
