Compliance · ESIGN Act
United StatesPrivate Beta · BuildingESIGN gives electronic signatures the same legal effect as wet ink for most US federal commerce. The hard part is not signing — it is producing the integrity-of-record evidence years later when the e-signature platform may not be the one you used at signing. Arkova anchors that integrity evidence to a public ledger.
What it is
The Electronic Signatures in Global and National Commerce Act of 2000 (ESIGN, 15 U.S.C. §7001 et seq.) is the federal law that gives e-signatures the same legal effect as handwritten signatures for transactions affecting interstate or foreign commerce. It is paired with state-level UETA, which has been adopted by 49 states (New York handles e-signatures via separate state law).
ESIGN does not specify a particular signing technology. It requires four conditions for an electronic record to satisfy a legal "writing" requirement: intent to sign, consent to do business electronically, association of the signature with the record, and record retention sufficient for later reference. The fourth condition is where most evidence disputes arise.
Certain transactions are explicitly excluded from ESIGN: wills, codicils, testamentary trusts, family law matters (divorce, adoption), court orders, certain notices (utility cancellation, foreclosure, eviction). These still require traditional execution.
Key requirements
The signer must intend the act to constitute a signature. UI design matters — an unintentional click should not constitute a binding signature.
For consumer transactions, the signer must affirmatively consent to receive the record electronically and acknowledge they're able to access it. The consent itself must also be retained.
The signature must be logically associated with the record being signed. Tampering with the record after signing must be detectable.
Electronic records must be capable of being accurately reproduced for later reference. Retention timelines depend on the underlying transaction type — federal regs may impose specific minimums.
Not strictly required by ESIGN but expected in practice — courts evaluating contested e-signatures look for a clear trail showing who signed, when, with what intent, and that the record is unchanged since.
How Arkova fits
Most ESIGN evidence disputes turn on the integrity-of-record requirement years after signing. The original e-signature platform may have been acquired, sunset a feature, changed export formats, or no longer offers access at a price you want to pay. Arkova anchors a SHA-256 fingerprint of the signed record to a public ledger at the moment of signing. Anyone with the original record can recompute the hash and verify it against the ledger entry — no dependency on the signing platform still existing.
Combined with the platform's own audit trail (intent, consent, association), the public-ledger anchor provides the integrity-of-record proof courts look for when an electronic signature is challenged. The proof is independent of every vendor in the chain.
If you execute a meaningful volume of contracts under ESIGN and want integrity evidence that survives your e-signature vendor changing, we'd like to discuss an early-access pilot.
Arkova is in private beta. Features described on this page are being built and refined with pilot customers right now. Some controls and integrations are live today; others are in active development. Talk to us about the parts most relevant to your workload.
Request Early Access