Contracts must be able to stand for themselves outside of the eSignature solution. To be legally binding and stand up in court, eSignatures should:
1. Ensure signers understand what they’re signing. Legally valid consumer consent process as defined by ESIGN requires the consumer agree, and that agreement tells them how to get paper records.
2. Verify signer authentication. The system should verify the signer is who they say they are.
3. Not change documents after the fact. Documents should be tamper evident so that if changes were made AFTER being signed, the document would indicate it.
4. Show who signed and when. Audit trail and certificate showing IP and email address, date/time stamp, and authentication measures used to identify the signer(s) help prove the document’s authenticity.
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