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Will your electronic records stand up in court?

Summary: There is a growing body of case law on e-signatures and records: some have stood up in court, others not. The good news is, recent rulings provide guidance on how to increase the likelihood that they will. This article breaks down the evidence requirements that should guide your e-signature implementation.

ESIGN DOES NOT GUARANTEE ‘LEGAL ENFORCEABILITY’

The first conference of the Electronic Signatures and Records Association (ESRA) in November brought together an impressive group of legal analysts, Fortune 500 companies and e-signature providers, to review successes and challenges.

While all recognized there is no longer any doubt that e-signatures are legal, the issue of building sufficient evidence of electronic transactions clearly remains a top priority for many organizations.

ESIGN and UETA have been in place for years; however, they only provide broad, technology-neutral guidelines on how to implement this increasingly common technology, and no specific instructions on how to increase the likelihood of enforcing a transaction.

A simple "I Agree" button may meet the requirements of ESIGN – and, by extension, UETA - but most organizations are looking for a more robust solution for mission-critical, high-value or high-risk processes. 

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