UETA Explained: State E-Signature Law
UETA, the Uniform Electronic Transactions Act, is a model law published by the Uniform Law Commission in 1999 that gives electronic records and signatures the same legal effect as paper at the state level. Nearly every US state has adopted UETA in some form. New York uses its own law, the Electronic Signatures and Records Act (ESRA). UETA works alongside the federal ESIGN Act.
What UETA says
UETA’s core provisions establish that:
- A record or signature may not be denied legal effect solely because it is in electronic form.
- A contract may not be denied legal effect solely because an electronic record was used in its formation.
- An electronic record satisfies a law requiring a writing.
- An electronic signature satisfies a law requiring a signature.
You can read the model act and enactment history at the Uniform Law Commission.
Key UETA concepts
| Concept | What it means |
|---|---|
| Agreement to transact electronically | UETA applies only when parties agree to conduct transactions electronically, which can be shown by context and conduct |
| Attribution | An electronic signature is attributable to a person if it was their act, which can be shown in any manner, including security procedures |
| Effect of errors | Rules for correcting errors in automated transactions with individuals |
| Retention | Electronic records can satisfy retention requirements if accurate and accessible |
| Automated transactions | Contracts can be formed by electronic agents, such as software, without human review of each action |
| Time and place of sending and receipt | Default rules for when electronic records are sent and received |
UETA vs ESIGN
| UETA | ESIGN | |
|---|---|---|
| Type | Model state law | Federal law |
| Year | 1999 | 2000 |
| Scope | Transactions governed by state law, where adopted | Interstate and foreign commerce |
| Consumer consent rules | Relies on parties’ agreement | Detailed consumer consent requirements for required disclosures |
| Relationship | ESIGN generally defers to state UETA consistent with it | Fills gaps and sets national baseline |
In practice, most businesses do not need to choose: both laws support electronic signatures, and compliant e-signature processes satisfy both.
Which states use UETA?
Nearly all states, the District of Columbia and several US territories have adopted UETA, sometimes with state-specific changes. New York has its own Electronic Signatures and Records Act, which also generally recognizes electronic signatures and records. Check your state’s statute for any local variations.
UETA exclusions
Like ESIGN, UETA typically excludes:
- Wills, codicils and testamentary trusts.
- Most of the Uniform Commercial Code, other than certain sections and Articles 2 and 2A.
- Other laws a state chooses to exclude.
What UETA means for businesses
- Agree, explicitly or by conduct, to transact electronically.
- Use processes that show who signed, such as email verification and audit trails.
- Keep accurate, accessible electronic records.
- Watch for state-specific exclusions and special requirements, such as notarization.
How Noca helps
Noca provides e-signatures with audit trails, signer authentication options and secure record storage, so your electronic agreements are well documented under UETA and ESIGN. Explore Noca e-signature.
This article is for general information and is not legal advice.
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Frequently Asked Questions
What is UETA?
UETA, the Uniform Electronic Transactions Act, is a model law published by the Uniform Law Commission in 1999. States adopt it to give electronic records and signatures the same legal effect as paper. It applies when the parties have agreed to conduct transactions electronically.
Which states have not adopted UETA?
New York has not adopted UETA and instead uses its Electronic Signatures and Records Act. Nearly all other states have adopted UETA in some form. Because adoption details can change, check your state’s current statutes for the latest status.
What is the difference between UETA and ESIGN?
UETA is a model state law, while ESIGN is a federal law covering interstate and foreign commerce. Both make electronic signatures legally effective. ESIGN includes specific consumer consent rules and generally defers to state UETA versions that are consistent with it.
Does UETA require consent?
UETA applies only to transactions where the parties have agreed to conduct business electronically. That agreement can be explicit or inferred from context and the parties’ conduct. Consumer disclosure rules may also apply under ESIGN or other laws.
Is New York covered by UETA?
New York did not adopt UETA. It uses the Electronic Signatures and Records Act, which generally gives electronic signatures the same validity as handwritten signatures, with certain exceptions. The federal ESIGN Act also applies to transactions in interstate commerce.
Does UETA apply to wills?
No. UETA excludes wills, codicils and testamentary trusts. Some states have separately adopted laws allowing electronic wills under specific requirements, such as the Uniform Electronic Wills Act, but those rules are separate from UETA.
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