The UETA and ESIGN Act
In the United States, there are two laws that govern electronic signatures, the Uniform Electronic Transaction Act (UETA) 1999 and the Electronic Signatures in Global and National Commerce (ESIGN Act) 2000.
The UETA specifies that when the law requires either writing or a signature, an electronic signature can satisfy that requirement when all parties to the transaction have agreed to complete the process electronically.
The ESIGN Act adds more specific regulations that govern electronic signatures, including requirements that e-signature providers must follow.
Together, these laws establish:
- Documents with a signature requirement can be satisfied with an electronic signature.
- Contracts and agreements electronically signed can be presented as evidence in court.
- Documents electronically signed cannot be considered invalid or unenforceable solely because the signature is in electronic form.
Provisions of the ESIGN Act
In order for an electronic signature to be enforceable under the law, the ESIGN Act requires the following provisions must be met by the e-signature provider.
Consent to do business electronically
The UETA requires that all parties agree to conduct a transaction electronically. This consent can be verbal, electronic, or implied.
How does Osiris meet this requirement?
Before signing a document, the signer is presented with the document they are signing and a button to begin the process. By clicking this button, the signer indicates they are willing to proceed with the process electronically. The signer also has the option to decline signing the document.
Intent to sign
Under the Act, the signer must demonstrate a clear intent to sign a document electronically.
How does Osiris meet this requirement?
The signer is given two opportunities to verify their intent to sign a document. Before beginning the signing process, a message is presented, along with the document, indicating where their signature will apply. After creating a text or written signature, the signer must give final approval that they intend to be legally bound by the provisions in the contract with their electronic signature. Only after accepting this wording is the document electronically signed and transmitted back to the Osiris customer.
Association of signature with record
Once the signature has been created, it must be applied electronically to the document. This can be in form of the written or typed signature applied to the document itself or in the form of a page added to the document with the electronic signature created by the signer.
How does Osiris meet this requirement?
Once the signature is approved and completed by the signer, the signature is electronically applied to the document. If there were multiple places to apply the signature, each one of these areas will have the signature applied.
Customer disclosure
The signer must be able to access the document they are signing.
How does Osiris meet this requirement?
The signer is presented with the document throughout the signing process. In addition, the completed document is e-mailed to the signer after the signature is applied.
Integrity of a signed record
Once a document has signed, it cannot be modified.
How does Osiris meet this requirement?
Once a document has been signed and transmitted back to Osiris, the document can be viewed but not modified. Rather than using an external viewer, pdfs in Osiris will now be viewed in the internal pdf viewer so we can prevent modification of the pdf. Osiris also stores information about the document each time it is viewed, either by a signer or in Osiris, to ensure that a signed document has not been changed.
Record retention
The signed document must be stored electronically and available for reference or reproduction by all parties associated with the transaction. The sender of the document cannot inhibit the ability of the signer to print or store the document.
How does Osiris meet this requirement?
The signed document will be accessible in Osiris in the Saved Documents screen. The signer will receive a copy of the signed document via e-mail and can freely download and store the document. In addition, Osiris creates and stores an audit log of every interaction with the document including viewing, signing, declining, or cancelling the invitation to sign. An audit log page is attached to the end of the signed document.
Contacting Us
If there are any questions regarding this information you may contact us using the information below.
Osiris Software
1210 Roosevelt Street, Suite 220
Edmond, Oklahoma 73034
Open Weekdays 8:30AM to 6:00PM CST
(877) 267-4747
Info@OsirisSoftware.com
Support@OsirisSoftware.com