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What is an Electronic Signature?

First, let's revisit its predecessor, the "Wet Signature". A wet signature is a stylized script associated with a person in the physical sense. It is comparable to a seal, and a writing instrument of some kind is required to make a mark. In commerce and the law, a signature on a document is an indication that the person adopts the intentions recorded in the document.

An "Electronic Signature" is any legally recognized electronic means that indicates a person adopts the contents of an electronic message or transaction. For example, it may be an electronic transmission of the document which contains the signature, as in the case of facsimile transmissions, or it may be an electronic payment receipt, such as an online purchase confirmation. Increasingly, the use of electronic signatures, such as a sound, checkbox, or flow-through process are becoming widely used in industries such as Legal, Ecommerce, Banking, Real Estate, Insurance, Transportation, Public Sector (both state and federal governments), and more. The concept itself is not new, with common law jurisdictions having recognized telegraph signatures as legally binding as far back as the mid-19th century and facsimile based signatures since the 1980s. Today, electronic signatures that follow the guidelines and specifications in accordance with the U.S. 1999/2000 Federal UETA and ESIGN Act are 100% legally binding and considered wet-signature equivalent. SignatureLink's process by which an electronic signature is captured and bound to a document or transaction is 100% compliant with such laws.
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How are Digital Signatures different than Electronic Signatures?

Although often used interchangeably, a "digital signature" is quite different than an "electronic signature" in process, applicability, and legal validity. Simply put, digital signatures help to ensure that a sender of a message and its recipient are both confirmed and that no changes have been made to the message during the transmission process. In technical terms, when a digital signature is initiated a unique personal key identifier (PKI) is generated and used to determine whether the transformation was created using the private key that corresponds to the signer's public key.

By itself, digital signature technology does not support a legally valid signing ceremony conducted by a human being. In contrast to what most people interpret, a digital signature alone does not display a real signature image of a signer's signature that represents legal consent regarding a document or transaction. In fact, a digital signature is typically only linked to a document by an application, rendering the digital signature invisible to people involved in the signing ceremony.

Are Electronic Signatures Legally Binding?

Yes, 100% legal! In 1999, the National Conference of Commissioners on Uniform State Law (NCCUSL) approved UETA as an overlay statute to help reconcile conflicting state laws. UETA says that signatures and contracts in commercial transactions cannot be denied legal effect just because they are in electronic form, as long as the relevant parties affirmatively opt-in. It defines an electronic signature as "an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record." According to UETA, an electronic signature can be attributed to an individual only if it was the act of that person, or someone that person authorized to act on his behalf. For additional information visit NCCUSL.org

Furthermore, The Electronic Signatures in Global and National Commerce Act (ESIGN, Pub.L. 106-229, 14 Stat. 464, enacted June 30, 2000, 15 U.S.C. ch.96) is a United States federal law passed by the U.S. Congress to facilitate the use of electronic records and signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically.

Although every state has at least one law pertaining to electronic signatures, it is the federal law that lays out the guidelines for interstate commerce. The general intent of the ESIGN Act is stipulated in the very first section(101.a), that a contract or signature "may not be denied legal effect, validity, or enforceability solely because it is in electronic form". This simple statement provides that electronic signatures and records are just as good as their paper equivalents, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents.

Courts have stated that an enforceable electronic signature can include documents sent via email, signed using a digital pen pad device at a store, acceptance of the End-User License Agreement, or by signing electronically online. For additional information visit FTC.gov

Today many businesses rely on the idea of the electronic signature. Online contracts are utilized at higher rates than in the past, making way for a new push in the traditional electronic signature option. Mortgage companies, legal offices, medical facilities, government agencies, insurance companies, to name a few, are leveraging the benefits of using the electronic signature method. Many businesses realize the on-demand services they can conduct, reducing time for all parties involved, when they utilize an electronic signature method.

How is a Signature Entered into the Signature Pad using a Mouse?

SignatureLink is easy to use! The SignatureLink® Signature Pad utilizes a recognizable format, the line beside the X, and has been configured so that its function is familiar to the user. Test Drive an Online Demo!

• Move the cursor over the line next to the "X"
• Click and hold the left mouse button while signing with the mouse (Mac users click and hold the mouse button)
• Click on the validate button to accept the signature
• A clear button is provided to erase your signature and start over
• When you have finished, click the action button below, in most cases: "Submit"

SignatureLink's Customizable Signature Pad can be Styled to Match any Brand:

How is SignatureLink Implemented?

In most cases, integration is as simple as pasting HTML source code into the designated area(s) of any webpage; that's it! Effortlessly set additional tracking and custom functionality using selectable data parameters.

Does SignatureLink offer Reporting Capabilities?

Absolutely! Once the signature is captured, the document and signature are encrypted and securely stored for query and retrieval. SignatureLink offers query tools for Merchants to generate reports on Signature Pad usage, in addition to viewing, e-mailing, exporting and more, of stored signatures and agreements.