Electronic signatures (e-signatures) are the newest trend in signing. They provide comfort, time, and money compared to traditional methods. However, making electronic signatures legal involves knowing the legal procedures for using e-signatures and the proper use of signatures.
Tips for Using Legal Electronic Signatures
The electronic signature legality is still a big issue in some jurisdictions, less so in the UK, but this is something to remain aware of no matter where you are doing business.
It is acknowledged that the legal propriety of electronic signatures remains unclear. In the UK, e-signatures are legal for contracts under the Electronic Communications Act 2000 and the UK eIDAS Regulation, which complies with the EU’s eIDAS Regulation.
These laws affirm that an electronic signature is valid if:
- The signer had the intention of signing the said document
- The signature is associated with the signer
- There is no alteration of the integrity of the document
- Learn these laws to be conversant with laws that govern a particular area
Select Your Secure E-Signature Solution
Trusted platforms offer features like:
- Audit trails: Records of activities, like the times when the document was sent, signed, and when it was completed
- Identification: The all-important email or text approval or multi-factor functionality to ensure the signer is who they claim to be
- Security and confidentiality of signed documents by use of encryption to avoid forging of signed documents. These features afford strong confirmation of the signing process, as it enhances legal enforceability
The Signer’s Intention of Signing The Document
A legally compliant e-signature has the legal force of signature and the signer’s intention and authorization to sign the document. This can be established by:
Appending to a document when signing, notification, or affirmation (For example, “I agree to the terms and conditions hereby signing this document”).
Some applications of an e-signature include a “click-to-sign,” where the signer has to take action on the document, such as clicking on a button. Ensuring that signers understand their actions minimizes disagreements about the intent of signing.
Maintain Document Integrity
Therefore, one of the mandatory preconditions for an electronic signature is that the text signed with such a signature cannot be edited after it has been signed. Any alteration eradicates the signature’s validity. Most E-signature platforms also seal documents to prevent editing after signing. One has to remember that a signed document should have a time stamp and certification seal.
Retain Records and Evidence
Keeping clear records of the signed documents is crucial to making them legal. Originally signed agreements should be kept:
- Safely within the files of employees who work with such agreements
- Records of changes made to signatures that may prove useful in case of legal struggles
To make electronic signatures truly legal, you need to comprehend the legal aspects of using such signatures, use a proper e-signature solution, and properly set up an e-signature contracting process to establish intent, validate the content, and provide proof. If you follow these steps, you can proceed with e-signatures for personal and commercial purposes to have all benefits with legal compliance.
