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Make sure e-signatures and docs are secure
RICHARD WEINER
Technology for Lawyers
Published: June 2, 2017
Ok, so now we are all doing e-signatures, correct?
But are they actually secure? Hard to say. Here are some guidelines to help ensure that the e-signatures and their underlying e-documents are as secure as possible. (Thanks to Legal Technology Today).
First, make sure that both the document being signed and its underlying technology (from a company like DocuSign, for instance) are compliant with the Federal ESIGN Act. That Act, passed in 2000, has four major requirements for validating an electronic signature: intent to sign, consent to do business electronically, association of signature with the record (basically, a record that proves the signature goes with the document), and record retention.
Next, backup every document. Recommended to create and keep renamed backups to avoid confusion.
Now, something a little complex and esoteric. Good e-signature software will help you create and then store an electronic copy of your signature. Do not then copy and paste your signature from some other document. That short-circuits the reason for storing your signature in the first place.
Lots of documents can create a signature field, but that doesn’t necessarily mean that the method of signing is secure. Make sure that the method of authentication is trustworthy, beyond the documents themselves. A number of programs are appropriate, so there is no excuse to use one that doesn’t create a secure doc. Among trusted names are eSig Live, DocuSign, Adobe Document Cloud, and more (Capterra has created an exhaustive list).
Next—big surprise! Know where the document is being stored. You really don’t want your secured documents stored on a server in Kazakhstan or in Indonesia. But they could be if you don’t track that. I know at least one local law office IT supervisor who won’t use the cloud for anything. You only need one server to run your own private cloud, so that’s the best way to go. But failing that, control your data at every juncture.
And, last but not least, know when an electronic signature is inappropriate and a physical signature is the way to go. Some exceptions to the use of e-signing occur in the ESIGN Act itself, including eviction notices, court orders, and some other imperative orders. Also, any time that a person may potentially become deceased and be unable to testify about intent, a physical signature may be appropriate.