Legally binding electronic signatures

FAQ

• How do UETA and the E-Sign Act define electronic signature?

  The term “electronic signature” means an electronic sound, symbol, or process, attached to or legally associated with a contract or other record and executed or adopted by a person with the intent to sign the record.

• How does eSignature compare to wet signature?
  • The E-Sign Act states that a signature, contract, or other record relating to this type of transaction may not be denied legal effect, validity, or enforcement solely because it is in electronic form. 
  • Conga’s view is that eSignature is stronger than wet signature because it is supported by our audit trail, which includes all of the events associated with the signing process. This evidence helps to protect all parties involved.  In addition, having an immutable, encrypted file stored in [Conga's cloud vs the cloud] is significantly more secure than maintaining traditional hard copies in physical storage cabinets.
  • In a court of law, much of the evidence surrounding wet signatures would be inadmissible hearsay, whereas electronic signatures are accompanied by hard evidence, such as audit trails and authentication records.
• What is needed to be compliant with the E-Sign Act?
  • Consent and intent 
    • The process must capture the signer’s consent to the use of electronic signatures. The signature process or agreement language must establish the signer’s intent to sign the electronic record.
  • Attribution
    • The signature must be attributable to the signer. The signature also has to be attached to, or logically associated with, the record being signed.
  • Delivery and sealing of final agreement
    • The signer must be allowed to keep a copy of the signed agreement. The signed record also must be maintained securely in a way that preserves its integrity.