Electronic documents and signatures are legally binding around the world. An electronic signature, or e-signature, refers to accepting an agreement or contract in digital form. This type of digital signature provides the same legal standing as a handwritten signature as long as it adheres to the necessary requirements.
In the United States, there are a number of laws that inform the requirements that make eSignatures legally binding:
If you want your electronically signed contract or document to hold up in court, you must follow a few simple rules. Use this checklist to ensure your e-signatures are ironclad.
The law for electronic signatures in most countries calls out certain types of documents for which e-signatures are not appropriate. Some common documents that are considered exclusions are, powers of attorney, wills and trusts. It’s important to seek legal council identify categories of exclusion in your country.
PactSafe's eSignature Acceleration Platform has been designed with compliance of e-signature legality in mind.
Here are some of the things we do to make sure electronic signatures executed on our platform are legally binding:
Records of signer acceptance include the contract itself, proof of authentication measures, a basic signer digital thumbprint, and a time-stamped audit trail of all activity related to a contract and its signers. As soon as a contract is electronically signed using PactSafe, we create a durable, electronic record of the process by which this electronic signature was created.
You should always know, and be able to prove, who is signing your contracts. PactSafe’s signer authentication methods include email, secure links, unique signer codes, and multi-factor authentication (e.g. codes sent via SMS). This is a vital step in asserting the validity of your agreements.
All information transferred to and from PactSafe is 256-bit SSL encrypted, including usernames and passwords. Our electronic signature platform is designed to keep data secure and prevent tampering of your contracts, electronic signatures, and electronic records. Additionally, your static files and electronic signature information is encrypted in Amazon's S3 servers, which are housed in an ISO 27001 certified data center.
We create a unique record of every contract before any party electronically signs it, and of each revision. Another unique record of the contract is created each time a user signs a new version.