ESIGN
ESIGN provides that, despite any statute, regulation, or other rule of law governing any transaction in or affecting interstate or foreign commerce, a
signature or other record may not be denied legal effect merely because an
electronic signature or record was used in its formation. Most provisions of
ESIGN took effect on October1, 2000. On March1, 2001, portions of the law governing record retention will become effective with respect to records required by a federal or state statute, regulation, or other rule of law administered or promulgated by a state regulatory agency, although state or federal agencies may extend that date to June 1, 2000.
ESIGN Signatures
Under
ESIGN, the term "
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. Again, no particular technology is required by
ESIGN for electronic signatures. Instead, the law allows the parties to select the method of authentication that best suits their needs and security concerns. Both HIPAA and UETA provide more guidance on authentication of
electronic signatures than does
ESIGN.
