Start with the federal ESIGN baseline
For transactions in or affecting interstate or foreign commerce, 15 U.S.C. § 7001 generally prevents a signature, contract, or record from being denied legal effect solely because it is electronic. ESIGN does not require every person to accept electronic records or signatures.
Check the governing state law and party agreement
State electronic-transactions law may also apply. The 1999 model Uniform Electronic Transactions Act (UETA) applies to electronic records and signatures relating to a transaction, but model Section 3 excludes wills, codicils, and testamentary trusts; specified Uniform Commercial Code matters; the Uniform Computer Information Transactions Act; and any additional laws identified by an adopting state. State enactments and exclusions can vary. Confirm that the parties agree to conduct the transaction electronically and review the law of the relevant state.
Apply the ESIGN consumer-consent rules when required
If another law requires information to be provided to a consumer in writing, § 7001(c) can require affirmative electronic consent, clear disclosures about paper copies and withdrawal, hardware and software information, and a method that reasonably demonstrates access to the electronic form. A standard signing flow does not by itself guarantee compliance with every consumer-disclosure rule.
Screen for statutory exclusions
15 U.S.C. § 7003 excludes specified categories from the federal baseline. These include wills, codicils, and testamentary trusts; adoption, divorce, and other family-law matters; parts of the Uniform Commercial Code; court orders, notices, and official court documents; and certain notices involving utility termination, a primary residence, insurance benefits, product recalls, or hazardous materials.
Check form, notarization, delivery, and retention requirements
ESIGN preserves substantive legal requirements beyond a document being electronic. A law may still require particular content, delivery, acknowledgment, notarization, filing, or retention. When retention is legally required, § 7001(d) addresses accuracy, accessibility, and later reproduction. Save the completed PDF and audit certificate in storage you control because Sign For Free is not a long-term archive.