provides that electronic signatures have the same legal effect as handwritten signatures and "may not be denied legal effect, validity, or enforceability solely because [they are] in electronic form." The act defines an electronic signature as "any 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," but it doesn't recommend any specific type of electronic signature.
(106) The UETA record retention requirements differ from those in the E-Sign
in three respects:
These statutes--revised Article 9 to the Uniform Commercial Code, the Uniform Electronic Transactions Act (UETA), and the Electronic Signatures in Global and National Commerce Act (E-SIGN
)--will result in new forms of transactions that, while functionally equivalent to familiar forms, will look very different.
Digital signatures can now be used as legally binding signatures thanks to the Electronic Signatures in Global and National Commerce (E-SIGN
) Act that took effect in October of 2000.
Inherent tension exists between E-Sign
and UETA because Congress, while wanting to create uniform e-signature laws, is sensitive to usurping areas traditionally governed by state law, such as contracts.
Act (passed in July 2000) and the Canadian Government's Bill C6 (which came into effect January of this year), were all based on the United Nations Model Law on Electronic Commerce.
proponents ultimately accepted narrower language because of lawmakers' concerns about the potential for consumer fraud.
* iLumin/Digital Handshake (http://www.ilumin.com) jumped on the new E-Sign
Law, which was effective as of October 1.
By passing the E-Sign
Act, US Congress has removed the final hurdle to achieving mass consumer acceptance of electronic signatures.
E-commerce is about to shift up a gear in the race to accelerate the way we do business, thanks to the Electronic Signatures in Global and National Commerce (E-Sign
Hawaii recently passed a slightly modified version of the Uniform Electronic Transactions Act (UETA), and on June 30, 2000, President Clinton signed the federal Electronic Signatures in Global and National Commerce Act ("E-Sign