In the United States, the Electronic Signatures in Global and National Commerce Act (ESIGN Act) and the Uniform Electronic Transactions Act (UETA) provide a legal foundation for electronic signatures. Similarly, in the European Union, the eIDAS (Electronic Identification and Trust Services for Electronic Transactions in the Internal Market) regulation establishes the legal standing of electronic signatures across member states.
To ensure that documents signed electronically are legally binding, DeedSign implements several measures, such as:
Authentication of signatories: DocuSign uses various methods to verify the identity of signers, which can include email verification, access codes, SMS authentication, and more.
Audit trails: DeedSign maintains comprehensive audit trails for all documents signed through its platform. These audit trails record each action taken on the document, including who signed it, when it was signed, and the IP address of the device used for signing. This can be crucial for establishing the validity of the electronic signatures if ever challenged in court.
However, it's important to note that while electronic signatures are legally binding for most types of contracts, certain documents may still require a traditional wet ink signature in some jurisdictions. This can include wills, certain real estate transactions, and other specific legal documents.
For specific legal advice or questions regarding the legality of electronic signatures for a particular document or in a specific jurisdiction, it's always best to consult with a legal professional.