Research & Deep DIves
Feb 15, 2026
E-Signatures in the United States: Legal Framework, Compliance, and What Developers Need to Know
Yes, electronic signatures are legally binding in the United States. Under federal law, e-signatures carry the same legal weight as handwritten signatures for virtually all commercial transactions. If you're building a SaaS product that needs signature functionality for US customers, this page covers everything you need to know about compliance, from the foundational laws to industry-specific requirements.
Are Electronic Signatures Legally Binding in the United States?
The short answer is yes. The ESIGN Act and UETA establish that electronic signatures have the same legal effect as wet ink signatures for commercial B2B transactions.
Four requirements must be met for an e-signature to be valid:
Intent to sign — The signer must demonstrate intent to sign the document
Consent to do business electronically — Both parties must agree to conduct the transaction electronically
Association of signature with the record — The signature must be linked to the document being signed
Record retention capability — The signed record must be capable of being retained and accurately reproduced
Consumer transactions have additional disclosure requirements under ESIGN, but for B2B SaaS applications, these four elements are the core framework.
The Legal Framework: ESIGN Act and UETA
ESIGN Act (2000)
The Electronic Signatures in Global and National Commerce Act is the federal law that established e-signature validity nationwide. It's technology-neutral and provider-neutral, meaning there's no requirement to use a specific type of signature technology or a domestically certified provider.
UETA (1999)
The Uniform Electronic Transactions Act is a model state law that's been adopted by 49 states. It provides consistent rules for e-signature validity across state lines and works in tandem with the federal ESIGN Act.
State Variations
New York has its own law called ESRA (Electronic Signatures and Records Act) rather than UETA. Illinois also has a state equivalent. In practice, these variations don't create meaningful barriers for developers. All US e-signature laws are technology-neutral and don't require domestic certification.
How the US Differs from Europe
Unlike the EU's eIDAS framework, the United States has no tiered signature system. There's no equivalent to Simple Electronic Signatures (SES), Advanced Electronic Signatures (AES), or Qualified Electronic Signatures (QES). In the US, all electronic signatures that meet the four requirements above are equally valid. This makes compliance straightforward for API integrations.
What Documents Can Be Signed Electronically?
Fully Supported Document Types
The following document types work with standard e-signatures under ESIGN and UETA:
Commercial contracts
NDAs and service agreements
SaaS terms and purchase orders
Employment agreements (in most states)
Real estate contracts
Insurance applications
Financial agreements
Healthcare consent forms (with HIPAA compliance measures)
Documents Requiring Special Consideration
Some document types have specific legal requirements that vary by state or context. For the following, consult legal counsel before implementing e-signatures:
Wills, codicils, and testamentary trusts
Adoption papers
Divorce documents
Court orders
Notices of foreclosure on primary residences
Cancellation of utilities or insurance
Product recalls
Documents accompanying hazardous materials
Powers of attorney (rules vary by state)
Documents requiring notarization
Your legal team can advise on the specific requirements for your use case and jurisdiction.
Industry-Specific Requirements
Industries with Standard Compliance
These industries can use e-signatures with no additional requirements beyond ESIGN/UETA: Software/SaaS, Real Estate, Employment/HR, Financial Services, Insurance, Legal Services, and Education.
Healthcare (HIPAA Requirements)
For documents containing Protected Health Information (PHI), additional safeguards are required:
Business Associate Agreement (BAA) — Your e-signature provider must sign a BAA with your organization
Authentication — Signer identity verification is mandatory
Audit trails — Complete logging of all signature events
Encryption — Data must be encrypted in transit and at rest
Retention — Records must be kept for 6 years from creation or last effective date
Firma.dev supports HIPAA compliance through secure audit trails, configurable authentication options, and encryption. BAAs are available for healthcare customers.
Pharma and Life Sciences (FDA 21 CFR Part 11)
For FDA-regulated electronic records and signatures, Part 11 compliance requires:
Unique user identification — Each signer must have a unique ID
Complete audit trails — All actions must be logged with timestamps
System validation — The e-signature system must be validated
Record integrity — Documents must be tamper-evident
Retention — Per the applicable predicate rule
Firma.dev supports Part 11 compliance through audit trails, user authentication, and record integrity features. Implementation responsibility remains with the customer based on their specific use case.
Government Contracts
Government agency requirements vary significantly. Consult legal counsel for specific agency requirements before implementing e-signatures for government contracts.
Authentication Requirements
The US takes a flexible approach to authentication. For B2B transactions, there are no statutory authentication requirements. ESIGN and UETA require only that the signature can be attributed to the signer.
Consumer transactions require demonstrable consent, meaning the signer must have the ability to access electronic records.
Industry-specific authentication applies for HIPAA-covered transactions and FDA-regulated activities, as described above.
Record Retention Requirements
ESIGN requires that signed records be accurately reproducible and accessible. No specific format is mandated, but you need to be able to retrieve and display the signed document if needed.
Retention periods vary: general commercial contracts require 4-6 years (statute of limitations), tax records require 7 years, HIPAA documents require 6 years, FDA 21 CFR Part 11 per predicate rule, and SEC-regulated records require 3-6 years.
Firma.dev stores signed documents and maintains complete audit trails. You can retrieve envelope data and download signed PDFs via the API at any time.
Privacy and Data Handling
Federal Privacy Law
The US has no comprehensive federal privacy law governing e-signature data. However, sector-specific laws like HIPAA apply to healthcare data, and the FTC enforces against deceptive privacy practices.
State Privacy Laws
As of 2025, more than 20 states have enacted comprehensive privacy laws, including California (CCPA/CPRA), Virginia, Colorado, Connecticut, Utah, and many others with various effective dates through 2026.
Data Residency
The US has no data residency requirements for e-signature data. Foreign hosting is fully permitted. Firma.dev's EU-hosted infrastructure (AWS Paris region) serves US customers without restriction.
Cross-Border Transfers
The US has an EU adequacy decision under the EU-US Data Privacy Framework (established July 2023), which replaced the invalidated Privacy Shield. This enables lawful transatlantic data transfers.
No restrictions exist on foreign e-signature providers operating in the US market. Firma.dev, despite being EU-hosted, operates without any limitations for US customers.
Recent Developments (2025-2026)
CCPA Enforcement Acceleration
Privacy enforcement has intensified significantly. Major settlements in 2025 include Tractor Supply ($1.35M), Sling TV ($1.4M for missing mobile app opt-outs), and Honda for dark patterns violations.
New CCPA Regulations (Effective January 1, 2026)
Cybersecurity audits required for certain businesses, risk assessments mandatory, automated decision-making technology (ADMT) rules, and mobile apps must link privacy policy.
Remote Online Notarization
47 states plus DC now have Remote Online Notarization (RON) laws as of February 2025. The SECURE Notarization Act of 2025 has been reintroduced in Congress to establish federal RON standards but remains in committee.
ESIGN/UETA Stability
The core e-signature framework remains stable. Recent court cases continue to uphold e-signature validity, including Maddox v. Indochino (Ohio 2025) and JPMorgan v. Desert Palace (S.D. Cal. 2023).
How Firma.dev Supports US Compliance
Firma.dev provides full support for US e-signature requirements with no domestic certification needed.
Key capabilities:
Complete audit trails — Every signature event is logged with timestamps, IP addresses, and user actions
Configurable authentication — Email verification, SMS codes, or custom authentication flows
Record retention — Signed documents stored and accessible via API
HIPAA-compatible security — Encryption, access controls, and BAAs available
FDA 21 CFR Part 11 support — Audit trails, unique user IDs, and record integrity
EU-hosted infrastructure — AWS Paris region with global CDN, fully accessible from the US
Pricing: $0.029 per envelope with no monthly minimums or contracts.
Frequently Asked Questions
Are electronic signatures legally binding in the United States?
Yes. Under the ESIGN Act and UETA, electronic signatures have the same legal effect as handwritten signatures for nearly all commercial transactions. The signer must intend to sign, consent to electronic business, and the signature must be associated with the record.
What is the ESIGN Act?
The Electronic Signatures in Global and National Commerce Act (ESIGN) is a federal law enacted in 2000 that grants electronic signatures the same legal validity as traditional handwritten signatures. It applies nationwide and is technology-neutral.
What is UETA and how does it relate to ESIGN?
The Uniform Electronic Transactions Act (UETA) is a model state law adopted by 49 states that complements the federal ESIGN Act. UETA provides consistent rules for e-signature validity across state lines. New York has its own equivalent law (ESRA) rather than UETA.
What are the legal requirements for electronic signatures?
Four requirements must be met: (1) intent to sign, (2) consent to conduct business electronically, (3) association of the signature with the record being signed, and (4) the ability to retain and reproduce the record.
What is a HIPAA compliant electronic signature?
A HIPAA compliant electronic signature is used on documents containing protected health information (PHI) where the e-signature platform has a Business Associate Agreement (BAA) in place, maintains complete audit trails, uses encryption, and supports authentication methods. Firma.dev supports HIPAA compliance through these security controls.
Does Firma.dev support FDA 21 CFR Part 11 compliance?
Firma.dev supports FDA 21 CFR Part 11 compliance for electronic records and signatures in pharma and life sciences. The platform provides unique user identification, complete audit trails, and record integrity features.
Are there documents that require special consideration for e-signatures?
Some document types have specific legal requirements that vary by state. Wills, testamentary trusts, adoption papers, divorce documents, court orders, and certain notices may have additional requirements. Consult legal counsel for guidance on your specific document types and jurisdictions.
Are there data residency requirements for e-signatures in the US?
No. The US has no data residency requirements for e-signature data. Foreign hosting is fully permitted, and the EU-US Data Privacy Framework enables lawful transatlantic data transfers.
How long must e-signature records be retained?
Retention periods vary by document type: general commercial contracts require 4-6 years, tax records require 7 years, HIPAA documents require 6 years, and SEC-regulated records require 3-6 years. ESIGN requires records be accurately reproducable and accessible but mandates no specific format.
Start Building
Firma.dev makes it easy to add legally compliant e-signatures to your application. Our API handles document preparation, signature collection, and secure storage while you focus on your product.
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