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E-Contracts and the Law - What You Need to Know
Electronic signatures and contracts are becoming very popular as more and more people are doing their business online and working online. They are a very important part of online business, and yet many people still don't quite understand what they are and what their purpose is. Put simply, an e-contract is simply a contract that is dealt with online, and is basically the same thing as a paper contract that you would sign with a pen. You cannot, of course, sign the e-contract with a pen, but you can use an electronic signature or simply use a mark to reflect or intent to sign. Former President Bill Clinton signed into law the Electronic Signatures in Global and National Commerce act, also known as ESIGN. This law basically states that e-contracts and electronic signatures are given equivalent legal status as a handwritten contract or signature. So, the electronic signatures and e-contracts are just as legal as any other type of contract that you would sign. This is helpful for many different companies and freelancers who do their work online. They are able to sign contracts with clients easily, quickly and much more efficiently than by signing a paper document. The UETA goes hand in hand with ESIGN, and states that “An electronic record of a transaction is the equivalent of a paper record, and that an electronic signature will be given the same legal effect, whatever that might be, as a manual signature." This means that when you use an electronic signature to sign a contract or document, it is exactly the same as signing it manually with a pen, and that the same laws apply to an electronic signature as to a handwritten signature. The UETA also says that "a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation." This means that a contract or other document signed with an electronic signature will be given the same legal treatment as a handwritten signature on a document. This is great for businesses, freelancers, and many others who utilize the internet for business, because you can comfortably enter into an agreement with another individual or company and know that the contract and signature will be upheld the same as if you had signed it with a pen. The benefits of these laws are enormous. With so many freelancers online today, and businesses searching for employees, there are new avenues. Those businesses can comfortably hire a telecommuter because they are able to sign a contract with that telecommuter. Freelancers can comfortably go about their work because they have a contract that will be upheld in a court of law. Businesses and individuals are able to have a much larger base of people that they can hire from, and the possibilities are endless. If you need to hire someone, you can do it online and reach people that you would never be able to reach locally. This is great for business, and makes businesses and individuals work more productively and efficiently.
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