U.S. federal law generally prevents a signature or contract from being denied legal effect solely because it is electronic, but that principle does not make every click, document, or process enforceable. Intent, consent, authority, attribution, record availability, exclusions, and underlying contract law still matter.
Decision snapshot
| Decision | Practical approach | Watch for |
|---|---|---|
| Applicability | Can this record and transaction use an electronic process? | Counsel-reviewed scope and exclusions |
| Agreement | Did the right person intend and agree to sign? | Consent, attribution, and event evidence |
| Record | Can the final record be retained and accurately reproduced? | Complete document and accessible retention |
h
Classify the transaction and record
h
Design consent and intent
h
Establish authority and attribution
h
Protect document integrity and evidence
h
Test delivery, access, and retention
Action checklist
- Document and jurisdiction classification
- Consent and disclosure requirements
- Signer intent and authority design
- Authentication proportional to risk
- Version-bound completion evidence
- Delivery, accessibility, and retention
Working worksheet
Record these fields in the same working document so the decision can be reviewed and handed off:
- Document type
- Applicable requirements/exclusions
- Signer and authority
- Assurance method
- Final record and evidence owner
Common failure patterns
- Assuming “electronic signatures are legal” answers every transaction question
- Collecting a mark without proving the document version
- Leaving the only completed copy inside a vendor account