In the United States, there are two primary laws – we refer to them below as the eSignature Laws – that make it possible to present information and sign agreements and other documents electronically in circumstances where a written document and a “wet” signature would previously have been required.
These two laws bring with them new challenges and, more importantly, potential liability. The design of a system for signing electronic records, or delivering notices or disclosures electronically, requires a detailed understanding of the interaction between electronic processes and legal requirements.
This article assists businesses in identifying the core issues that must be addressed to ensure the legal sufficiency of transactions conducted on eSignature platforms.
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