Electronic Signatures in Global and National Commerce Act

The Electronic Signatures in Global and National Commerce Act (ESIGN, Pub.

The general intent of the ESIGN Act is spelled out in the first section (101.a), that a contract or signature “may not be denied legal effect, validity, or enforceability solely because it is in electronic form”.

Sub-section (c) is in direct support of (b) by requiring a "Consumer Disclosure" that the signatory has consented to use an electronic format.

The first public implementation of Section 106 of the ESIGN Act came nine months prior to its approval, when in October 1999, Save Daily founder Eric Solis, used an electronic signature to establish paperless brokerage accounts.

[citation needed] Section 101(d) provides that if a law requires that a business retain a record of a transaction, the business satisfies the requirement by retaining an electronic record, as long as the record 1) "accurately reflects" the substance of the original record in an unalterable format, 2) is "accessible" to people who are entitled to access it, 3) is "in a form that is capable of being accurately reproduced for later reference, whether by transmission, printing or otherwise", and 4) is retained for the legally required period of time.