What are the laws concerning electronic signatures?

In Texas, laws governing electronic signatures are governed by the Texas Uniform Electronic Transactions Act, or UETA. This act allows for the creation of legally binding electronic agreements in the state. Generally, an electronic signature is an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The UETA sets out specific requirements that must be met for an electronic signature to be valid. These requirements include the intention of the signatory to sign the document, that the signature must not be revoked or denied, and that the method of signature used be reliable and secure. The UETA also establishes rules for how electronic signatures can be used. For example, contracts must include language that indicates that the parties are aware of the use of an electronic signature, that the signatory has the intent to sign the contract, and that the signatory agrees to the electronic signature process. In addition, any dispute over the validity of an electronic signature must be decided by a court of competent jurisdiction. The UETA also grants electronic signatures the same legal weight as traditional paper signatures. This means that electronically signed contracts are enforceable in the same way as paper contracts. Overall, the UETA provides legal certainty and recognition for electronic signatures in Texas.

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