Are Digital Signatures Legal?

Disclaimer

We are not lawyers, and we don't offer legal advice. The information on this page is based on our own research, and is presented as an opinion.

Are Digital Signatures Legal?

The legislation regarding online signatures is still evolving, and varies from state to state. Based on our research, we've found the following four points most applicable in making an online signature legally binding:

  • The signature must be unique to the signer and and the context in which it is used. Meaning, your signature must come only from you.
  • The signature can be used to objectively identify the individual.
  • The signature was created by the identified person in a manner that is reliable.
  • The signature is linked to the document in such a way that if it is intentionally or unintentionally modified, the signature is invalid.

What efforts have we made to meet these criteria?

  • Agreement authors must validate and confirm their control over an email address in order to draft an agreement. This is so your recipient knows who you are.
  • Once agreements are drafted, a unique URL and matching passcode are sent to the recipients's email address. Agreement authors are not allowed access to the generated passcode, and assuming the recipient is in sole control of their own email address, they will be the only ones with the access to it. This prevents unauthorized signatures and helps assure that the signature is reliable.
  • We further ensure that the signature is identifiable by recording the IP address from which it was signed, the exact date and time, and details about the signer's internet browser.
  • Agreement authors and agreements recipients are not allowed to alter their published agreements. Once submitted, neither party may modify or delete the agreement.

Are the records generated by this site legally binding?

We've made every effort to comply with the spirit and intent of electronic signature legislation, but SignatureConfirm.com has never been tested in a court of law. If you're using it as a legal tool, please take this into consideration.

Please visit our frequently asked questions page for answers to any of the following: