Businesses are quickly replacing existing paper forms and manual workflows with fully automated e-forms and electronic workflows for many reasons such as increased productivity, less error prone and much easier to track/audit. All of these reasons help drive down business costs. Often existing paper forms require one or more signatures. frevvo  workflow enables easily routing your e-forms thru a simple approval process to collect all the required signatures. When making the transition from paper to electronic signatures our customers often ask "Are these electronic signatures as legally binding as their paper counterparts?".

 


The Uniform Electronic Transaction Act (UETA Act) and Electronic Signatures and National Commerce ACT (ESIGN Act) establish the basic framework for a legally binding system based on electronic signatures. has all the features you need to deploy web forms and workflows with legally binding signature. This white paper discusses the supporting technologies and features in context of the legally binding electronic signature framework described in both the UETA and ESIGN Acts.

This white paper covers each of the following important requirements:

Reliable Identification of Parties

The identity of any signing party to an electronic transaction must be securely known.

Disclosure and Consent

Parties must be clearly informed of the intended use of a legally binding electronic signature and given an option to agree or opt out.

Electronic Signature Capture

The system must provide a means to capture an electronic sound, symbol, or process, attached to or logically associated with a transaction or other record and executed or adopted by a person with the intent to sign the record.

Electronic Transaction Secure From Tampering

Once the electronic transaction has been signed by a party, the relevant data must be secured against tampering and any tampering that might occur must be immediately apparent and detectable.

Transaction Document Retention

Electronic transaction documents must be retained for somewhat obvious reasons, including later accessibility, compliance with laws and regulations, later enforcement, etc.

Transaction Document Access

The resulting electronic transaction “document” must be available to all parties.

Audit Trail for all Transaction Actions

Each action must be recorded in order to be able to prove who did what and when they did it.

References

  1. ESIGN Act of 2000
  2. Uniform Law Commission on UTEA Act