Does an electronic signature hold up in court?
Is an e-signature just as official as a ballpoint pen? Learn about the legality of e-signatures and whether they hold up in court.
Electronic signatures make signing documents easy with the click of a button, but do they really make a document legally binding? In most cases, the answer is yes. Here’s what you need to know about the legality of e-signatures.
Electronic signatures are legal signatures.
The Electronic Signatures in Global and National Commerce Act, otherwise known as the E-Sign Act, states that electronic signatures shouldn’t be considered invalid simply because they’re electronic. In other words, e-signatures are completely legal and binding. They can hold up in court.
Criteria that make e-signatures valid.
While electronic signatures are legal, anyone who wants to use one in court should be prepared to prove that there wasn’t any tampering after the document was signed. If a judge finds any reason to doubt the authenticity of an e-signature, they may declare it inadmissible in court.
For an electronic signature to hold up in court, it can’t have any weaknesses regarding:
- Audit logs
If you want to create a legally binding document, it’s important to use a reputable e-signature software that meets all the highest security standards, like Adobe Sign. That way, you — and the judge — can be confident that there hasn’t been any tampering, and the electronic signature has a better chance to hold up in court.