Everybody who does business will want to engage themselves in a legally enforceable transaction.
An electronic signature is one of the new technology that can help anybody to enter into lawfully binding business pursuits. Indicated below are key factors considered to conclude whether an electronic signature is legally binding.
1. Legal validity
The constitutional validity of any signature appended on a document remains a critical factor that will determine whether a particular text is either legally binding or not. According to the law of many countries, a record should not be lawfully denied validity if it is signed electronically or manually. Instead, the judge should pay essential attention to how the document was signed. A record remains legally valid as long as it bears correct signature despite it getting signed electronically or manually. An electronic signature is legally binding as long as it was signed in the proper manner.
2. Legally admissibility
For any electronic signature to considered it to be legally permissible. An electronic signature can be legally valid, but it fails to get admitted in court. Judges consider the integrity surrounding the signing of a document electronically. Security and authentication form a crucial consideration to make an electronic signature legally admissible. An only electronic signature that is found to be lawfully acceptable that becomes legally binding in any court.
3. Legal enforceability
Any electronic signature should be legally enforceable. An electronic signature can be legally valid and appropriate but fails to be legally binding. Here the judge will consider whether the particular parties that signed the document did it out of their will or they were under pressure. In some circumstances, you will get to considerations whether the signing parties knew what they were signing for or they do not know at all. From conclusions, the judge derives his concerns he can, therefore, indicate whether the electronic signature is legally enforceable or not. An electronic signature that's lawfully enforceable is legally binding.
Security remains a crucial consideration for any electronic signature legal. Any legal institution considers whether a given electronic signature gets done in a secure environment. In such cases, protocols and other security features are critical to the judicial institution. Security also takes into consideration the ability of an electronic signature not to be interfered with by unauthorized persons. The integrity of any electronic signature stands to become doubted if the particular electronic signature is vulnerable to insecurity.
5. Audit logs
If audit logs get tampered with, then the enforceability of any electronic signature pdf legal becomes questionable by the court, and hence you cannot enforce it with an electronic signature. For any electronic signature to become legally binding, you need to ensure it is backed up with clear audit logs.
For any electronic signature to become legally binding, it should be easy to authenticate it. Authenticating an electronic signature will often prove tricky if proper documents are not maintained when generating an electronic signature. A judge can fail to admit an electronic signature in court if it fails to have authentication procedures. Digital signature legal should have a proper authentication code for them to become legally enforceable in any court of law.
7. Biometric authentication
Biometric authentication is one of the most modern technologies that has made it possible to authenticate an electronic signature. For any sound legal esign to become legally binding it needs to have some biometric authentication. Biometric authentication uses an individual's traits to verify the electronic signature. In such a case the particular authenticated electronic signature will only relate with a specific individual. No two individuals can share the same biometric properties. Judges will always admit in court any electronic signature that has proper biometric authentication properties.
8. The IP address and Email
Any electronic signature should have some email address and IP that verifies the particular electronic signature. Existence of an email address helps a judge prove that the specific electronic signature is legally enforceable in a court of law. For any electronic signature to be legally binding, it should have some email address proof that one can present in a court of law to indicate that the electronic signature is genuine and not generated in crooked means. An IP address can also help verify a particular electronic signature in any court of law. You, therefore, need to check whether an electronic signature has an email address verification feature for you to consider it to be legally binding.
9. Webcam photo
Most of the digital signatures are accompanied by a webcam photo of the signer. Such a feature is essential to prove that it is actually who did the electronic signature or another individuals. In any court of an electronic signature that is accompanied by a webcam photo of the signer is considered legally binding and therefore admissible to the court. You need to consider the webcam photo of the particular electronic signature so as to know whether it is legally binding or not.
Yes, an electronic signature is legally binding. You now know vital factors to consider for you to understand how an electronic signature is legally binding. Consider each of them keenly without bias.