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Are Electronically Signed Contracts Legal

By Friday, January 6, 2023No Comments

As technology advances and more and more business is conducted online, the question of whether electronic signatures on contracts are legal has become increasingly important. The short answer is yes, electronically signed contracts are legal. But let`s take a closer look at what that means.

First, it`s important to understand what an electronic signature is. According to the Electronic Signatures in Global and National Commerce Act (ESIGN), an electronic signature is “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.”

In other words, it`s any type of digital signature that is used to sign a contract, such as typing your name into a signature field, using a stylus or mouse to sign on a touchscreen, or even simply clicking a box to indicate agreement.

The legality of electronic signatures is further reinforced by the Uniform Electronic Transactions Act (UETA), which has been adopted by all but one state in the United States. UETA establishes that electronic signatures have the same legal effect as traditional signatures on paper documents.

However, it`s worth noting that there are certain documents that cannot be signed electronically, such as wills, trusts, and powers of attorney. Additionally, some industries may have their own regulations or standards that require certain types of signatures, such as the healthcare industry and the use of digital signatures for electronic medical records.

So what are the benefits of using electronic signatures on contracts? For one, it`s more convenient – no need to print, sign, and scan documents. It`s also more efficient, as documents can be signed and sent in real time, speeding up the process of finalizing agreements.

In addition, electronic signatures can be more secure than traditional signatures. Many electronic signature platforms use advanced security measures such as encryption and multi-factor authentication to ensure that only authorized individuals are able to sign a document.

Of course, as with any type of legal document, it`s important to ensure that all parties fully understand the terms of the contract before signing, whether it`s an electronic or traditional signature. And if you`re unsure about the legality of using electronic signatures in a particular situation, it`s always best to consult with an attorney.

In conclusion, electronically signed contracts are legal and have numerous benefits in terms of convenience, efficiency, and security. As technology continues to advance, we can expect electronic signatures to become even more prevalent in the business world.