ESIGN Act (United States)
The Electronic Signatures in Global and National Commerce Act (ESIGN Act) is a U.S. federal law enacted in 2000. It ensures that electronic signatures and records have the same legal validity as paper documents and handwritten signatures in interstate and foreign commerce.Key Requirements
Exclusions
The ESIGN Act does not apply to certain document types, including:- Wills, codicils, and testamentary trusts
- Family law documents (adoption, divorce)
- Court orders and official court documents
- Cancellation of utility services
- Documents related to hazardous materials transportation
UETA (United States)
The Uniform Electronic Transactions Act (UETA) is a model law adopted by 49 U.S. states (all except New York, which has its own Electronic Signatures and Records Act). UETA provides a legal framework for electronic signatures and records at the state level.Relationship to ESIGN
UETA and the ESIGN Act have similar requirements and purposes. The federal ESIGN Act allows states to modify or supersede certain ESIGN provisions if they adopt UETA or an equivalent law. In practice, the requirements for electronic signatures under both laws align closely.Key Requirements
- Intent to sign demonstrated by the signer
- Consent to conduct transactions electronically
- Retention of records in their original electronic form
- Attribution of the signature to the signer
eIDAS (European Union)
The Electronic Identification, Authentication and Trust Services (eIDAS) regulation governs electronic signatures across all EU member states. eIDAS establishes three levels of electronic signatures, each with different requirements and legal effects.Signature Levels
Simple Electronic Signatures (SES)
SES is the baseline level. Any data in electronic form attached to or logically associated with other electronic data, used by the signatory to sign, qualifies as an SES. There are no specific technical requirements beyond demonstrating intent to sign.Advanced Electronic Signatures (AES)
AES must meet additional criteria:- Uniquely linked to the signatory
- Capable of identifying the signatory
- Created using signature creation data under the signatory’s sole control
- Linked to the signed data in a way that detects subsequent changes
Qualified Electronic Signatures (QES)
QES requires:- A qualified certificate issued by a qualified trust service provider
- Creation using a qualified electronic signature creation device
- Identity verification compliant with eIDAS requirements
Other Jurisdictions
Electronic signature laws exist in most countries. Below are selected examples:
Requirements vary significantly by jurisdiction. Some transactions may require specific signature types or have exclusions similar to the ESIGN Act.
How Qwoty Supports Compliance
Qwoty provides features that support compliance with e-signature laws across jurisdictions.Intent to Sign
- Signers must actively interact with signature fields to apply their signature
- The signing interface clearly indicates the document being signed
- Signers receive a copy of the completed document
Consent
- Recipients receive clear notification that they are being asked to sign electronically
- The signing process requires affirmative action from the signer
Record Retention
- Signed documents are stored and accessible to all parties
- Original documents and audit trails are preserved
- Documents can be downloaded in their signed form at any time
Document Integrity
- All completed documents are cryptographically sealed
- Any modification after signing invalidates the digital signature
- PDF readers can verify the document has not been altered
Signer Identification
- Email-based delivery establishes signer identity
- Optional access codes add an extra layer of verification
- Signing activity is logged with timestamps and metadata
Audit Trails
Qwoty maintains a complete audit trail for each document, recording:
The audit trail provides evidence of the signing process — who signed, when they signed, and the full sequence of events — supporting the legal enforceability of the signed document.
What Qwoty Does NOT Provide
Qwoty supports compliance with Simple Electronic Signature (SES) requirements. The following are not currently provided:
For transactions requiring AES or QES, consult with legal counsel about appropriate solutions.