United States: E-SIGN Act and UETA

Is Portant compliant: Yes.

Portant's eSignatures meet the requirements of the United States E-SIGN Act and UETA, the two laws that put electronic signatures on the same legal footing as handwritten ones. This page summarises both laws, when they apply, and the Portant features that line up with each compliance requirement.

Overview of the E-SIGN Act and UETA

E-SIGN Act (Electronic Signatures in Global and National Commerce Act)

• Location: United States, federal law.
• Applies to: All states, except those that have adopted UETA with minimal variations (Illinois and New York).
• Key point: Validates the legal standing of electronic signatures for commerce transactions.

UETA (Uniform Electronic Transactions Act)

• Location: Adopted in 47 US states, the District of Columbia, Puerto Rico, and the US Virgin Islands.
• Applies to: Domestic transactions involving electronic records and signatures.
• Key point: Provides a uniform approach to electronic transactions within each adopting state.

When and where the laws apply

The E-SIGN Act and UETA apply when:

• The transaction would traditionally need a written agreement. Sales, leases, employment agreements, and other business transactions all qualify.
• The transaction is in the United States. UETA covers nearly every state, but specific state laws can add unique requirements on top.
• All parties consent to electronic signatures. Both laws require explicit or implicit agreement from everyone involved.

Compliance requirements and how Portant meets them

Compliance requirement	Description	Portant's compliance features
User consent	All parties must consent to electronic signatures.	Portant prompts users to confirm consent before proceeding.
Document integrity	Signed documents must be tamper-proof.	Documents are locked once signed so they cannot be altered.
Audit trails	Detailed logs serve as proof of signing actions.	Portant records each stage of the signing process, with timestamps.
Time stamping	Each signature needs a verifiable time and date.	Every signed document receives a verifiable timestamp.
Data protection	Data handling must align with security and privacy laws.	Portant uses industry-standard encryption and secure data storage.
Role-based access control	Document access and management must be controlled.	Viewing and signing permissions are restricted to authorised users.

Practical considerations

A few things to keep in mind when sending US-bound signature requests through Portant:

1. Confirm consent. Make sure all parties clearly agree to receive and sign documents electronically. Portant's interface includes consent prompts to support this.
2. Lock signed documents. Portant's document integrity feature seals signed documents so they cannot be modified after signing.
3. Keep evidence of the transaction. Audit logs and timestamps are useful evidence in any future dispute. Portant keeps a record of every action in the signing process. See Audit trail for how to enable it on a workflow.
4. Check state-specific requirements. Although the E-SIGN Act and UETA are widely accepted, some states layer on additional requirements. Check whether anything extra applies in your state.
5. Use the right document types. Certain documents (wills, court orders, some family law documents) may still need a physical signature.

Conclusion

Portant's eSignatures meet the compliance standards of the E-SIGN Act and UETA, with consent, document integrity, audit trails, timestamping, and role-based access built in. Signatures created in Portant are legally enforceable, secure, and valid in nearly all business and personal transactions in the United States.

If you have questions about compliance or want guidance on a specific use case, get in touch.