If electronic signatures are just as legal, why aren’t they used in every situation?

Many in the market have heard of electronic signature software however very few are aware of its uses, its limitations if any and the real-life benefits of deploying electronic signature apps. There are many misconceptions in the market regarding this technological miracle. Hence, we are trying to dig things deeper and find out the truth.

First and foremost doubt that may arise in the mind of any person who is hearing of this solution for the first time is “ is the software legal?” well, the answer is yes! Electronic signatures are accepted across the world through acts such as ESIGN. However, different countries have different laws regarding this software and one must adhere to the laws of the land before choosing any e-signature solution.

The use of electronic signature solutions in the US is governed by the ESIGN Act that states that digital signatures are as much legal as the traditional signatures provided the signatures are made by the person with total consent, without any influence. The act further states that a digital signature cannot be considered invalid just because it is not an ink signature.

In The US the use of electronic signature is allowed to draft and make a law. Court of the law permits you to present an electronic signature as proof of evidence. In short, choosing an e-signature solution will not bring any trouble to your organization, provided all the conditions are met by the provider in terms of laws, security, ease of use, etc.

The electronic signature will be considered valid under the following condition:

The signer has made the signature by his/her will. No pressure was put on the signatory to perform the task. In short, the signer has an intent to sign.

Signers were given options to use both traditional and electronic signatures to perform the action, and the signer has chosen electronic way by his./her will.
The signer is aware that signing a document means he agrees to the content.

Clear signature attribution is given. The software may use two-step verification methods for a higher scale of attribution.

The signer is directly connected to the document he has electronically signed.

When all these basic conditions are met, the signature is considered valid and legally binding. However, though the use of electronic signatures is growing the world, and laws are being made to support the trend, there are some scenarios where e-signature solution does not work.

When it comes to the vital paperwork or activities such as documents for adoption, or divorce, or applying for birth and death certificates, digital signatures are not considered appropriate. In these cases, the law demands the presence of multiple witnesses or a notary. This requirement of the law eliminates all the benefits that electronic signature app may bring to the process, such as contact-less documentation, signatures from anywhere at any time, etc.

One more reason where the electronic signature does not work is when the signature making a person or the document drafting person is not computer literate. As a matter of fact, there are some cases where the court has filed against the use of e-signature solution. Following are the precedents from some cases:

Adams v. Quicksilver. Audit trail has to be created for the attribution of an esignatures. Others The data trail has to be secured with access to the concerned parties only. Content of the signed document cannot be changed.

O’Connor v. Uber. Even if the signature is taken on the small screen smartphones or iPhone, it will be considered valid.

Barwick v. Geico. “in writing” can also be considered as writing electronically.

The above cases and their results emphasize the use of digital signatures and the validity of these signatures in the court of law. Now that we are aware of the wide reach and acceptance of digital signatures, be it Insurance Industry eSignature Solutions or for the healthcare of government agencies, let us understand the benefits of this solution in brief.

Safety

Esignature solutions are safe to use as every data/document/record is dealt with the utmost security and is saved safely on the cloud with limited accessibility.

Faster Process: Needless to stay, electronic or digital signature is the fastest way of performing documentation process. Waiting hours are reduced to minutes/hours or days/weeks.

Tracking

Every progress the document makes is tracked and the concerned parties are notified about it for transparency. In this way, every party knows when the process started, and when it got completed. In case, anybody tries to temper the process, even that can be tracked and stopped.

Sustainable

As all the documents/records are saved electronically, there is no need to manage and maintain huge piles of the papers for years.

Conclusion

Electronic signature apps are the way ahead if you wish to sustain in the competitive market without losing customer support. Your clients/customers/public will feel privileged when they will save them some time and effort. Plus, you save some cost for yourself.