What is the Electronic Signatures in Global and National Commerce Act?

The Electronic Signatures in Global and National Commerce Act (ESIGN), enacted in 2000, is a federal law that governs the use of electronic signatures and records for transactions in interstate and foreign commerce. It is intended to harmonize state law with regards to the validity of electronic signatures and electronic records. The purpose of the ESIGN Act is to ensure that Electronic Signatures and Electronic Records have the same legal standing as traditional handwritten signatures and paper documents. In Georgia, the ESIGN Act applies to all transactions conducted between businesses that are located in different states or between a business and a consumer, provided that the consumer has received prior disclosure of the terms of the transaction and has consented to the use of electronic signatures. The ESIGN Act provides three main benefits: it ensures that electronic signatures and documents are legally binding and enforceable, it eliminates the need for a physical presence to enter into a contract and it eliminates the need to present paper documents for review or approval. This makes it easier for businesses and consumers to conduct transactions quickly, efficiently and securely. The ESIGN Act also provides protection from lost or destroyed documents and protects against forgery. Additionally, the ESIGN Act ensures that consumers have the right to access the electronic records associated with their records and to ensure accuracy of the information contained in the electronic records.

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