To Stay Out of Court, eSignLive Warns ESIGN Law is Not Enough
MONTREAL, QC, June 17, 2013 — It’s inevitable – signatures are moving away from pen and paper to the cloud, with analyst firm Forrester Research writing that within 10 years, the dominant form of signature will be digital. But all electronic signatures are not alike. Silanis, the leader in electronic signature solutions with over 600 million documents processed annually, warns that not all ESIGN / UETA compliant solutions on the market provide the same level of enforceability in the event of a legal dispute.
“Using an electronic process to capture a signature can provide stronger document evidence than possible with paper,” explains Silanis CEO and co-founder Tommy Petrogiannis. “To head off potential litigation ‘digital fingerprints’ in the form of electronic evidence are crucial for e-discovery. Only when the integrity of the process evidence is properly assured, will e-signatures minimize the chances of ever going to court over a contract,” continued Petrogiannis.
Courts recognize the legal validity of electronic records, signatures and transactions. The technology and laws have been tried in court and proven effective. But defending against legal disputes is about much more than just presenting an authentic signed record of an electronically signed agreement. It is about proving:
- The signer consented to the use of electronic signatures;
- The signer intended to be bound by the terms of the contract;
- The electronic records have not been altered since being signed;
- The records were presented properly and in full to the signer;
- The signing process complied with all applicable laws and regulations;
- The signer had access to reliable copies of the signed document(s) after the fact.
To assist businesses looking to incorporate electronic signatures into the workflow, Silanis has developed an infographic, “Why E-Signature Evidence Matters” based on a whitepaper born from more than 20 years in the e-signature industry and countless case law examples. The document includes best practices and insights collected from thousands of organizations as well as the country’s leading legal experts and industry associations.
Silanis is the most widely used e-signature solution in the world, responsible for processing more than 600 million documents annually. Founded in 1992, Silanis’ solutions e-Sign Enterprise and e-SignLive enable thousands of organizations, including four of the top 10 North American banks, eight of the top 15 insurance companies and the entire US Army to accelerate business transactions, improve customer experience and reduce costs while improving compliance with legal and regulatory requirements. Silanis provides the most flexible deployment options with its on-premise, cloud and SaaS e-signature solutions, eliminating manual, paper-based processing and enabling e-commerce and e-government transactions to be electronically executed from start to finish.