Are Electronic Signatures legal?
The short answer is yes with a few noted exception (Divorce papers, Property purchases - full will be provided before you sign up!), but for most documents Electronic signatures are a recognised and legally binding. How do we establish the person purporting to sign electronically is in fact that person? We collect evidence, it is similar in weight to if that document was in fact posted to you. We have to verify certain things in order establish evidence of identity. The remit of advanced electronic signature, as standard practice is:
The document was emailed to your email address and you accessed it through that account, which is then verified during registration. We may also deploy a secondary method at the request of the sender which includes a pin code to your phone number.
- The location where the document was accessed using your IP Address
- The device and operating system used by you to access the document The date and time when the document has been accessed for viewing or signing
- We ensure that the document has not been amended in anyway by you or the sender or you. Immediately after you sign the document, a copy is sent to given email address.
- We retain an electronic identifier to ensure the nothing changes on the document
- We can also ask, at the request of the sender, that the signer provides proof of identity. Typically this may include things like Passport, driving license etc. A legally binding advanced electronic signature must meet the following requirements:
- It is uniquely linked to the signatory it is capable of identifying the signatory it is created using means that the signatory can maintain under their sole control; and it is linked to the data to which it relates in such a manner that any subsequent change of the data is detectable