Ascertaining that you’re participating in legal online signing can often be a blurred line. Electronic signatures have created a whole new level of convenience for businesses. However, its legal weight can often get lost in translation. This leaves many questioning whether online signing serves to be as legally binding as physically signed documents.
However, e-signatures have become commonplace across the internet, e-commerce, and the online financial industry. And when used correctly, they can indeed hold the same legal standing as a document signed with the traditional ink. Read below as we discuss six ways you can ensure you are participating in legal online signing – whether you’re the sender or the signer.
1. There Must Always Be Proof That the Signer Has/Had the Intent to Sign
With electronic documents, it’s a lot easier to make the mistake of signing something you didn’t intend to. Online documents must allow the signer to show their intent. Either through the action of drawing their signatures electronically, typing out their name, or clicking an ‘acceptance’ box.
The signed document will only be legally valid when there is proof within it that the signer had intentions to sign. The document could include something like; ‘I am (signer’s name), and I agree to be legally bound to this electronic signature’. And then provide a space for the signer’s e-signature.
2. Both Parties Must Show Consent to Doing Business Electronically
The online document must include a clause that states that all parties have consented to the transaction occurring electronically. No business should send an online contract or document before they are aware that the recipient is comfortable with it. And even then, the document should contain a section where the recipient can confirm their consent.
3. The Original Online Document Must Remain Accessible to All Signers
The document must remain accessible to all signers and in the original format in which it was sent. This must remain for as long as the agreement is valid. And to ensure that no party can make changes, each one must receive a copy of the signed version. Most e-signature software sends a copy automatically, as soon as the document is signed.
When using Agreeable as your e-signature solution, we store all your online documents safely in the cloud. We use Microsoft’s Azure data centres to store all information as they are certified as ISO 270001 compliant. We encrypt all data and follow strict data protection guidelines to comply with GDPR and other regulatory requirements.
4. You Should Always Know When and Who Signs Your Online Documents
If a signer chooses to challenge an online signed document in court, you’ll have to provide proof of the signer’s identity. You must use of e-signature software that notifies you immediately after a document is signed, and who signed it. This is vital to ensuring a legal online signing process.
Agreeable sends your online documents to your recipients and notifies you via email as soon as they have signed it. This is an essential feature to ensure that you know who is signing your documents as well as exactly when they signed it.
5. Always Ensure the Privacy of All Signing Parties
You can only trust electronic signature software that contains security measures to ensure the legitimacy of an agreement. The forms of authentication processes differ with different programs, however all of them should affirm the legitimacy of a signer’s identity.
For the best security, you need e-signature software that allows multiple forms of authentication. At Agreeable, privacy and security is a top priority for us. We fully comprehend the importance of keeping your personal data under lock and key. We have technical measures in place to ensure the protection of your information.
You can trust us to keep online documents and information secure, while at the same time making them accessible whenever you need them.
6. Include that ’opt-out’ Clause – Just in Case
Always give your signer the option to decline to sign electronically. And the option to instead receive a physical copy to sign in person and send back. Electronic signing is gaining a lot of popularity. However, some people may still be sceptical about it, and businesses should be prepared for it.
Ensured Legal Online Signing With Agreeable
E-signature software makes things faster, more efficient and convenient for many businesses. Although some people may need a bit of convincing, we believe electronic signing will soon become the only way we sign documents. But this means ensuring a transparent and legal process for everyone involved.
Set up your online signing with Agreeable and you can rest assured that your document signing processes will be more efficient, convenient and legal.
Contact us today for any questions you may have about our e-signature software.