The admissibility of esignatures starts with ESIGN. ESIGN states that an electronic signature may be as legally effective as a traditional pen on paper signature and cannot be dismissed solely because the signature is electronic. Evidence of an individual(s) intent to sign is critical. Admissibility and enforceability starts with consent.
When signing via an electronic signature, all documents must be presented and signed in the correct order – the specific act of signing.
All electronic records must be archived (accurately) and retrievable (to anyone who is entitled to them). Without this, enforceability is compromised.
Proven authentication is a condition to admissibility.
An audit trail is required to capture and detail authentication, consent, document presentation, document signing, and archiving.
While there are still unknowns when it comes to esignatures, this shouldn’t deter an organization from implementing an esignature solution. In fact, organizations are protected by ESIGN and federal rules of evidence that are suited for electronic signatures, sections and rules:
- 901(b)(1), (3), (4), (9)
- 902(7), (11)
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