Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?
Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.
The Act applies to all types of contracts other than: wills/codicils/testamentary trusts OR Uniform Commercial Code transactions (outside of waiver/renunciation of claim or rights after breach, statute of fraud for personal property, sales, and leases).
What is the legality of e-signatures in your jurisdiction? Are there key exceptions?
A signature may not be denied legal effect or enforceability solely because it is in electronic form, and if a law requires a signature an e-signature satisfies such. The key exceptions are if the e-signature of an individual was NOT attributable to an act of that person and if the e-signature was induced under duress, fraud, or undue influence.
What is the e-signature law enforceable in your jurisdiction?
Public Act 102-0038 (the “Act”) is enforceable in Illinois effective as of June 25th, 2021. The Act adopted the Uniform Electronic Transactions Act (the “UETA”) and repealed Illinois’ former non-UETA “Electronic Commerce Security Act.”