ESIGN, Pub.L. 106-229, 14 Stat. 464, enacted June 30, 2000, 15 U.S.C. ch.96 (Federal ACT)
The ESIGN Act specifies that while state laws do not have to conform exactly to the federal law, they must provide equivalent protection for electronic contracts and electronic signatures.
Uniform Electronic Transactions Act (UETA) (adopted on a state-by-state basis - 47 states + Puerto Rico + DC, and BVI)
Washington, Illinois, and New York have not adopted the UETA, however similar legislation that governs how electronic transactions are handled has been enacted in each of these three states.
i.e. New York: New York State adopted “the Electronic Signatures and Records Act”, which ensures that electronic signatures are just as legally binding as those written in pen and gives the government authority to archive records electronically versus in paper format.
UETA works in unison with the federal E-SIGN Act to protect the legal enforceability of electronic contracts.
Check 21 (2003)
Give substitute checks the same legal validity as the original paper checks. The Check 21 bill is intended to reduce the check payment system's dependence on physical transportation networks.
GLBA (Grimm-Leach-Billey Act), Title V Ensure the security and privacy of customer information and maintain the safety and soundness of financial institutions.
HIPAA (The Health Insurance Portability and Accountability Act)
Combat fraud and abuse in health care and improve health-care systems by encouraging the electronic transfer of health-care information.
FDA 21 CFR part 11 (1999) Using digital Signature and Timestamp to prove integrity and presence in time of records.
California SB 1386 (2002) & NY Security and Notification Act (2005) Allow the use of Electronic Signature and it requires an agency, person or business that conducts business in California/New York and owns or licenses computerized 'personal information' to disclose any breach of security.
Legislations and Regulations - Around The World
Personal Information Protection and Electronic Documents Act (Canada)
Canada’s PIPEDA specifies how businesses must handle consumer data to ensure privacy and security. The PIPEDA law is designed to clarify the legality and create the framework for efficient e-commerce, including e-signatures, and in the process increase consumers’ trust in doing business electronically with Canada’s private sector.
European Directive 1999/93/EC (European Union)
The European Directive is the primary, wide-scale electronic signature law to provide legal guidance in the European Union. All EU member nations were mandated to comply with the Directive by July, 2001. The Directive includes clarifications and protections for businesses and consumers that conduct business online with digital documents and e-signatures.
Electronic Communications Act 2000 (United Kingdom)
Similar in structure and content to the EU Directive, the U.K.’s Electronic Communications Act promotes the legal validity of e-signatures and provides guidance on data storage, encryption services, and electronic communications for residents of England, Scotland, and Wales.
Electronic Transactions Act 1999 (Australia)
Australia’s Electronic Transactions Act defines a regulatory framework for electronic transactions and states that no transaction will be invalidated because it was completed electronically.
