GUIDE
Yes! E-signatures are legally binding thanks to global legislation.
The United States outlines the basic requirement for an electronic signature to be considered legal under the “Electronic Signatures in Global and National Commerce” (ESIGN) Act, and the ”Uniform Electronic Transaction Act (UETA).
ESIGN Act
In 2000, the United States passed the Electronic Signatures in Global and National Commerce Act (ESIGN), which gives e-signature the same legal status as traditional wet ink signatures. Read more about it here.
eIDAS Regulation
In 2016 Europe replaced its Directive for Global Signature (1999) with the electronic Identification, Authentication and trust Services regulation (eIDAS). EIDAS sets the regulations for e-signature and other electronic transactions and recognizes them as a legal alternative to the traditional wet ink signature. Read more about it here.
1. Intent to Sign:
2. Consent to Do Business Electronically:
Under these Acts, all parties must express clear consent to do
business electronically. This is only satisfied when:
Th
- UETA Consumer Consent Disclosures
- Clearly agree to use the use of electronic records for the transaction and
- Has not withdrawn consent
SignOnTheGo requires each partner to agree to a Consumer Consent to Do Business Electronically Agreement for every transaction. (See example of the UETA Consumer Consent Disclosure)
3. Clear Attribution of a Signature:
Under these Acts, an electronic signature is “an electronic sound, symbol
or process attached to or logically associated with a record and executed or adopted by a person.” Which
means the method used to capture the signature must also be able to attribute the signature to the individual.
- SignOnTheGo provides a detailed and timestamped audit trail that shows every step of the transaction life cycle from initiation, negotiation and execution. This includes geo-tagging, IP Identification, digital signature, user and document authentication.
4. Record Retention:
All Parties to a transaction must be able to retain and reproduce a record of the electronic signature.
- SignOnTheGo automatically sends a fully executed copy of the document to all parties associated with the signing processes. This copy can be downloaded and saved accordingly. Additionally, SignOnTheGo account holders can access and download any document they have executed through their control panel.
If you’re still having trouble, please email support@signonthego.us and one of our support staff will be able to assist you further.