Electronic
Signatures In Global & National Commerce
Act (E-Sign)
Statute: 15
USC 7001 et seq.
Regulation:
E-Sign Purpose: On June 30,
2000, Congress enacted the Electronic Signatures
in Global and National Commerce Act(1) ("ESIGN"
or "the Act"), to facilitate the use
of electronic records and signatures in interstate
and foreign commerce by ensuring the validity
and legal effect of contracts entered into electronically.
Careful to preserve the underlying consumer
protection laws governing consumers' rights
to receive certain information in writing, Congress
imposed special requirements on businesses that
want to use electronic records or signatures
in consumer transactions. Section 101(c)(1)(C)(ii)
of the Act requires businesses to obtain from
consumers electronic consent or confirmation
to receive information electronically that a
law requires to be in writing. The Act went
into effect in October 2000.