What are the laws concerning electronic signatures?

In California, electronic signatures are governed by the Uniform Electronic Transactions Act (UETA). The UETA provides certainty and uniformity in the use of electronic signatures, and affirms that a signature, contract, or other record may not be denied legal effect, validity, or enforceability solely because it is in electronic form. The basic requirements for an electronic signature to be legally binding in California are that the signature: (1) identify the signer, (2) indicate to other parties that the signer is approving of the record, and (3) must be made with the intent to sign the record. The UETA also specifies that an electronic signature must be reliable and secure, and must be able to be uniquely linked to the individual signing the record. This is to ensure that the signer is truly approving the record and serves as a form of authentication. Electronic signatures often come in the form of digital certificates, biometrics, or digital signatures. Another law that applies to electronic signatures in California is the Electronic Signatures in Global and National Commerce Act (ESIGN). This federal law covers many aspects of electronic signatures, including preemption, authentication, admissibility, signature disclosure, and consumer disclosure. In conclusion, electronic signatures are legal and enforceable in California when the appropriate laws are followed. The UETA and the ESIGN Act serve as the foundational laws governing electronic signatures in the state.

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