Illinois eSignature Act and Law

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Illinois, like New York and several other states, did not adopt the common UETA electronic signature law. But legislative acts adopted directly within the state have established similar frameworks and rules for the use of electronic signatures and the organization’s workflow in electronic form.

Illinois Electronic Signature Act

Information about the applicability of electronic signatures in Illinois is specified in the Electronic Commerce Security Act. According to this decree, signatures, and records are not deprived of legal force or enforcement only because they are made in electronic format.

In Illinois, work with electronic documents is subject to the laws of the United States of America. If these acts require that the information be in writing or provide for inevitable consequences, if this is not the case, electronic signatures satisfy this rule of law.

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But there are exceptions. The electronic signature would not meet the requirements if it certified power of attorney or wills, as well as medical agreements. An electronic signature in Illinois is also not suitable as a unique and transferable instrument of obligations and property rights.

An exception to the rule may be electronic records that allow only one unique, unchangeable and identifiable original. It should only be kept by one person and cannot be copied except for the form that can be identified as an exact copy.

Verification of electronic signatures in Illinois

According to the Law, a unique signature can be proved in any way. It is important that there is a procedure in which a party, if necessary, performs a symbol or security procedure for authentication. An electronic record in Illinois also satisfies the requirements for providing it and keeping it in its original form.

Integrity is determined by whether the information remains unchanged and complete, except for adding support or other data that occurs during the standard transfer of a document, its storage, and display. Reliability standards are also evaluated.

The law also stipulates the use of electronic records and signatures as evidence during court proceedings. During the operations, the information must be proved by the judge in fact and can be not considered only for the reason that is provided in electronic form.

The judge checks:

  • how the entry was created;
  • how it is stored or transmitted;
  • how reliable is the way to preserve its integrity;
  • how the sender is identified;
  • how the electronic document is signed.
  • Any associated information or circumstances are identified.

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Concerning the storage of electronic documents, the Law requires the following conditions:

  • availability for use and subsequent treatment at any time when information should be stored;
  • saving in the format in which the document was originally generated, or in a format that can be demonstrated to present the information accurately;
  • availability of information on authenticity, integrity, date and time when the record was sent and received.
  • Illinois companies and agencies are authorized, if necessary, to specify additional requirements for the storage of documents in the jurisdiction of these organizations.

The legality of electronic signatures through DigiSigner in Illinois

You can use the DigiSigner online service to sign electronic documents, as well as track their turnover. Download the desired document and select a place for setting details and signatures. You can sign the document using the mouse or touchpad.

You can also create templates with the name, position, and date if you need to sign documents in large quantities on an ongoing basis. Track the process of signing other members of the agreement online. The signatures delivered in the service comply with all requirements of the laws of the state of Illinois.

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