| Email programs make an email signature that's | | | | dealings is verified from the context and |
| mechanically placed at the conclusion of your | | | | surrounding circumstances, including the parties' |
| electronic mail. It generally gives your name, title, | | | | demeanor. Id. After the parties' intent is |
| business address and supplementary personal or | | | | evidenced, UETA provides that electronic |
| business related information. The latest legal buzz | | | | signatures are enforceable. There are no specific |
| over email signatures is whether those signatures | | | | requirements regulating the form of an electronic |
| produce a binding legal contract when you're | | | | signature. The UETA defines electronic signature |
| negotiating terms with another person or | | | | as an electronic sound, symbol, or process |
| company by electronic mail. | | | | attached to or logically associated with a record |
| In the United States, federal and state law allow | | | | and executed or adopted by a person with the |
| for the enforceability of electronic signatures. For | | | | intent to sign the record UETA 2(8). |
| transactions affecting interstate commerce, a | | | | The topic of an email signature creating a binding |
| federal statute called the Electronic Signatures in | | | | contract has been dealt with in several court |
| Global and National Commerce Act (E-SIGN), 15 | | | | opinions. In those opinions, the courts have |
| U.S.C. 7001 et seq. protects such dealings. Under | | | | consistently held that email signature is |
| this legislative act, a signature can't be denied legal | | | | comparable to a manual signature. It produces a |
| validity or enforcement only because it is in | | | | binding contractual responsibility on the the person |
| electronic form. 15 U.S.C. 7001(a)(1). The Act | | | | signing the email. When there's no conflict of |
| defines an electronic signature as an electronic | | | | opinion as to the writer and authenticity of the |
| sound, symbol, or process, attached to or logically | | | | email, the email is presumed signed for the |
| connected with a contract or other record and | | | | purpose of making an enforceable contract. |
| executed or adopted by a person with the intent | | | | As a practical matter, when you're discussing |
| to sign the record. 15 U.S.C. 7006(5). The Act | | | | terms of any agreement by email, be aware that |
| establishes no additional demands for electronic | | | | what you write in that email may in some |
| signatures. The Act, therefore, is quite broad and | | | | situations produce a valid contract. To get around |
| allows a generous mixture of signatures and | | | | the inference that your signature in an email is |
| identifiers to be counted a signature. | | | | making a contract, you should add a disclaimer to |
| Additionally, most states have passed the Uniform | | | | your email signature. Something like the following |
| Electronic Transactions Act (UETA). UETA allows | | | | statement should be adequate. |
| for the enforceability of electronic signatures once | | | | "Unless expressly stated in this email, nothing in |
| the parties to a transaction have decided to carry | | | | this message should be regarded as a digital or |
| on dealings by electronic means. UETA 5(b). The | | | | electronic signature or writing. |
| parties' arrangement to transact electronic | | | | |