The e-Sign Act of 2000 is legislation that was passed by Congress which establishes the protocol to be followed in order for national and international electronic signatures to be valid. Key elements that must be present in a valid electronic signature include:
- signer must be able to view the completed document before being asked to sign it electronically
- signer must indicate consent
- unique disclaimers for a given document must be acknowledged by the signer
- the electronic signature must be unique and verifiable
- the signed document must be locked against any further changes after the electronic signature is affixed
To follow these guidelines, many organization utilize e-signature software to manage their electronic documents and their related signatures. Examples include employee onboarding software (new hire onboarding software) and contract management software. Also, please see our whiteboard video on the topic of valid e-signatures here.