E-Signature Regulations

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

No, Ohio does not 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.

Ohio’s UETA supplements state contract law to permit parties to transact business electronically, without otherwise changing the legal requirements surrounding contract formation. UETA governs all transactions in Ohio, except the creation and execution of wills, codicils, or testamentary trusts. UETA does not apply to UCC Articles 3 (Negotiable Instruments) and 9 (Secured Transactions); however, UETA does apply to other UCC sections, including Articles 2 and 2A (sales and leases).

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

UETA validates e-signatures in Ohio, but the legal consequences of e-signatures are determined by other law. Specific to Ohio, any provision of a non-electronic contract that permits conducting a transaction using electronic means is not enforceable unless the consumer separately signs such a provision, and the consumer’s consent to the transaction cannot be based only on the fact that the consumer used electronic means to pay an account or register a purchase or warranty. State agencies may determine the extent to which they send and receive e-signatures.

What is the e-signature law enforceable in your jurisdiction?

In the United States, the Electronic Signatures in Global and National Commerce Act (“E-Sign”) governs electronic transactions. As federal law, E-Sign preempts inconsistent state law, but does not preempt a state’s enactment of the model Uniform Electronic Transactions Act (“UETA”). E-Sign contains applicable consumer-related requirements not in UETA. In Ohio, a modified version of UETA (O.R.C. §§ 1306.01 through 1306.23) governs electronic transactions. Ohio also permits online or remote notarization of documents.