Short answer: in the United States, two laws make electronic signatures enforceable, and they stack rather than compete. The federal ESIGN Act sets a nationwide floor, and UETA, a uniform state law, covers the same ground at the state level. Almost every state has adopted UETA; the two that have not run their own equivalents. Here is how the pieces fit.
The ESIGN Act: the federal floor
The Electronic Signatures in Global and National Commerce Act (2000) says a contract cannot be denied legal effect solely because it was signed electronically. It applies to interstate and foreign commerce, it does not favor any technology, and it requires that parties consent to doing business electronically. Where a state law does not cover the situation, ESIGN does.
UETA: the state layer
The Uniform Electronic Transactions Act is a model law, drafted to be adopted state by state. Forty-seven states plus Washington, D.C. have adopted it. Where UETA applies, it gives electronic signatures and records the same legal standing as paper, with rules for attribution and retention that courts use directly.
The two states outside UETA
- New York never adopted UETA. It has its own statute, the Electronic Signatures and Records Act (ESRA, 1999), which reaches the same practical result: electronic signatures are valid and enforceable for most transactions.
- Illinois also declined UETA and relies on its Electronic Commerce Security Act, again with the same core outcome.
- Washington replaced its older 1997 statute with UETA in 2020, so the uniform rule now applies there.
In practice, the state-by-state map matters less than people expect: between ESIGN and the state statutes, an electronic signature is enforceable in every state for ordinary business documents.
Which law applies to your contract?
Courts look at the state whose law the contract chooses, and at where each party is based. If the chosen state's law leaves e-signatures unprotected, ESIGN's anti-discrimination rule fills the gap for interstate transactions. You do not need to resolve this yourself when signing everyday documents; it becomes relevant mainly when a deal goes wrong and lawyers argue about it.
The exceptions travel with the laws
Both ESIGN and UETA carve out similar document types, and state versions of UETA sometimes add their own. The recurring exclusions are wills, certain family law documents, court notices like eviction and foreclosure, and some recorded real estate instruments. For anything on that list, check your state's specific rule or use paper.
Practical takeaway: for contracts, NDAs, quotes, and forms, sign electronically in any state and keep the trail. For excluded document types, the state map is where the differences live.
Related guides
Are digital signatures legally binding? What the rules say Do courts accept digital signatures? Are electronic signatures legal in the UK?Frequently asked questions
Which states have not adopted UETA?
Illinois and New York. New York enforces electronic signatures under its own ESRA statute, and Illinois under its Electronic Commerce Security Act, so e-signatures remain valid in both.
Does ESIGN still apply if my state has UETA?
Yes. UETA governs most state-level transactions, and ESIGN remains the federal backstop for interstate commerce. The two laws were drafted to align, so they rarely conflict.
Are electronic signatures valid in New York?
Yes. Under ESRA, an electronic signature has the same force as a handwritten one for most documents, and the federal ESIGN Act applies on top for interstate transactions.