Electronic Signatures in Global and National Commerce Act

Electronic Signatures in Global and National Commerce Act - Title I: Electronic Records and Signatures in Commerce - Prohibits a rule of law from denying the legal effect of certain transactions in interstate or foreign commerce on the ground that: (1) the signature, contract, or record of such transaction is in electronic form; and (2) with respect to a contract, an electronic signature or electronic record was used in its formation. Defines "transaction" to mean the sale, lease, exchange, licensing, or other disposition of personal or real property and services between two or more persons. (Sec. 101) Provides that this Act shall not: (1) limit, alter, or affect the rights and obligations of persons under law other than a requirement that such contracts or other records be written, signed, or in nonelectronic form; or (2) require a person to agree to use or accept electronic records or signatures (other than a governmental agency with respect to a record other than a contract to which it is a party). Cites circumstances in which an electronic record (or signature) satisfies any statute, regulation, or other rule of law mandating: (1) availability to a customer of information in writing; (2) retention of a contract or record; (3) that contract or record be in writing; and (4) that record or signature be notarized. (Sec. 102) Cites circumstances in which a State statute or rule …

Congressional Research Service · 2000-06-08