Legality of Electronic Signatures

The legality of electronic signatures and the International laws governing them.

Are Electronic Signatures legal?

Electronic signature transactions are a recognised and legally binding method of nearly all business and personal document transactions within the UK and around the world.

Legislative requirements for electronic signatures

A legally binding advanced electronic signature must meet the following requirements:

it is uniquely linked to the signatory
it is capable of identifying the signatory
it is created using means that the signatory can maintain under their sole control; and it is linked to the data to which it relates in such a manner that any subsequent change of the data is detectable

United Kingdom

Within the UK, E-Signs digital signature solution complies with the definition of an electronic signature under the Electronic Communications Act 2000.

European Union

Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions, commonly known as eIDAS, took direct effect in EU member states from 1 July 2016. It established a EU-wide legal framework for electronic signatures. E-Sign’s digital signature solution is compliant with eIDAS and EU electronic signature technical standards. E-Sign is also compliant with GDPR.

USA

United States of America

E-Sign’s digital signature solution complies with the definition of an e-signature under the Electronic Signatures in Global and National Commerce (ESIGN) Act, the Uniform Electronic Transactions Act (UETA) and the Digital Signature and Electronic Authentication Law.
ESIGN Act (2000) addresses e-signatures and e-records, allowing for electronic signatures in all 50 states when federal law applies. It defines an e-signature as an electronic sound, symbol, process attached to or logically associated with a document and executed or adopted by an individual with the intent to sign and be legally bound.

How E-Sign complies with electronic signature law

Unlike a handwritten signature, which is generally the same mark on every document, E-Sign’s digital signature is 100% unique to every document.

Signers identity is established by:

Email address
IP address
Location
Time and date stamping
Web browser and system information

E-Sign provides the following within its digital signature to ensure every document that is sent is secure and legally admissible:

Digital certificate authenticating all data and document interaction
Time and date stamping
Detailed document audit trail from inception to completion
Document integrity maintained and checked throughout the signature process
Secure storage of documents and data
Identification of users verified
Unique digital fingerprint created for every signed document
Unique signature fingerprint created for signatory

Still want to know more about digital signatures

For more information the following resources are helpful:

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Why use E-Sign?

Efficiency

The key to good workflow is optimum efficiency. E-Sign allows staff to work their core job more productively, utilising streamlined secure document processes.