Electronic Signatures

DocMadeEasy complies with the requirements of the U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA), which established the legitimacy of signing contracts and documents online, streamlining business operations and eliminating paper burdens for consumers.

Those requirements include:

  • Intent to sign – Electronic signatures, like traditional wet ink signatures, are valid only if each party intended to sign.
  • Consent to do business electronically – The parties to the transaction must consent to do business electronically. Establishing that a business consented can be done by analyzing the circumstances of the interaction, but consumers require special considerations. Electronic records may be used in transactions with consumers only when the consumer has:
    • Received UETA Consumer Consent Disclosures
    • Affirmatively agreed to use electronic records for the transaction
    • Has not withdrawn such consent
  • Association of signature with the record – In order to qualify as an electronic signature under the ESIGN Act and UETA, the system used to capture the transaction must keep an associated record that reflects the process by which the signature was created, or generate a textual or graphic statement (which is added to the signed record) proving that it was executed with an electronic signature.
  • Record retention – U.S. laws on eSignatures and electronic transactions require that electronic signature records be capable of retention and accurate reproduction for reference by all parties or persons entitled to retain the contract or record.

Signature Affixed to Document

According to E-SIGN and UETA, an electronic signature must be attached to or logically associated with a contract (or other record) and executed by a person with the intent to sign. When a signature is requested, DocMadeEasy places the signature field in the appropriate location inside the document. DocMadeEasy also captures real handwritten signatures to provide evidence of the signer's intent to execute.

Authentication

In order for you to know who is signing your documents, DocMadeEasy authenticates all signers. In order to sign a document on DocMadeEasy, signers must receive an email with a request for signature or have login information for DocMadeEasy. To protect user data, all data is always transferred over SSL. See more about security on DocMadeEasy here.

Record of Activity

Section 13 of UETA states that evidence of a record or signature may not be excluded from being admissible evidence solely because it is in electronic form. DocMadeEasy affixes a digitally signed audit trail to every document, which preserves information relating the delivery and signing process. In this means, it is possible to track and audit the digital signatures transparently, so that each transaction can be traced.

Available on Any Platform

DocMadeEasy is widely accessible, requiring only an internet connection and a browser, so it is convenient to access and sign the documents as requested. You can also easily access your documents that are processed on DocMadeEasy, as we provide all documents in PDF format for download.

Disclaimer

The above information is not a comprehensive list of the requirements of electronic signature laws in the United States or elsewhere. This is for informational purposes only and should not be taken as legal advice.