Are Electronic Signatures Legal? Understand the Rules and Evidence.

1. Demonstrating Intent

Intent to sign can be relevant when evaluating a transaction. eSignly's guided signing flow records signer actions; the record may help document the process, but does not establish intent or agreement in every case.

2. Documenting Consent

Electronic-consent rules can apply to consumer transactions under the U.S. ESIGN Act. Requirements depend on the transaction and applicable law. Review the disclosures and consent steps configured for your workflow; platform records alone do not establish that every legal requirement has been met.

3. Unalterable Record

eSignly provides a Certificate of Completion and signing records for the events captured by the workflow. These records may help document a transaction; their admissibility, completeness and weight depend on the circumstances and applicable evidence rules. They do not by themselves prove that a document remained unchanged outside the recorded workflow.

Electronic Signature Collection

Our service provides a workflow for sending documents for electronic signature and recording signer actions. Legal effect depends on applicable law, document type, transaction facts and the parties' actions.

• Keep a record of the signing workflow.
• Accelerate deal closures from days to minutes.
• Eliminate the costs and delays of paper-based signing.

Comprehensive Audit Trail Generation

eSignly provides a Certificate of Completion and records for events captured by the signing workflow. The available fields and events depend on the workflow; the record is not a guarantee of admissibility or of any result in a dispute.

• Review captured events when examining a completed transaction.
• Simplify compliance checks and regulatory audits.
• Gain full visibility into your document's lifecycle.

Advanced Signer Authentication

Go beyond simple email links. We offer multiple layers of identity verification, including SMS passcodes, to add another layer of security and more strongly attribute the signature to a specific individual.

• Reduce the risk of fraud or signature repudiation.
• Match the level of security to the value of the transaction.
• Increase confidence in the identity of your signers.

Tamper-Evident Document Sealing

Using cryptographic hashing, we seal completed documents. The seal can help reveal changes to the sealed file, but it does not prove the signer's intent or the legal effect of the transaction.

• Help identify later changes to the sealed file.
• Help reviewers detect changes to the sealed file.
• Support recordkeeping review for configured workflows.

ESIGN & UETA Compliance Assurance

U.S. ESIGN and state UETA rules address electronic records and signatures, subject to their terms and exceptions. Configure consent disclosures and recordkeeping for the transaction and jurisdiction; using a signing platform does not make compliance automatic.

• Review the applicable U.S. federal and state requirements.
• Give counsel workflow records and configuration details to assess.
• Use consistent signing steps while accounting for jurisdictional differences.

eIDAS (EU) Signature Rules

eIDAS provides that an electronic signature may not be denied legal effect solely because it is electronic or because it is not a qualified electronic signature. A qualified electronic signature has the equivalent legal effect of a handwritten signature. Signature type, service qualification and the transaction's legal requirements should be confirmed for your use case.

• Use a consistent workflow for cross-border signing.
• Review eIDAS requirements alongside the rules for your transaction.
• Confirm the required signature type and evidence with qualified counsel.

HIPAA-Compliant Solutions

For healthcare organizations handling Protected Health Information (PHI), we provide a HIPAA-compliant environment and are willing to sign a Business Associate Agreement (BAA). Secure patient consent forms, provider agreements, and more.

• Protect patient data and avoid massive HIPAA fines.
• Digitize patient intake and administrative workflows securely.
• Maintain a clear audit trail for all documents containing PHI.

21 CFR Part 11 Compliant Solutions

For life sciences, biotech, and pharmaceutical companies, we offer solutions that meet the FDA's stringent 21 CFR Part 11 requirements, including unique user credentials, signature manifestations, and strict audit trails.

• Maintain compliance in highly regulated research and manufacturing.
• Ensure the integrity of electronic records submitted to the FDA.
• Accelerate clinical trials and quality assurance processes.

Secure, Long-Term Document Archiving

Legality doesn't end at signing; you must be able to produce the record years later. We offer secure, encrypted storage for your completed documents, ensuring they are safe, accessible, and intact for as long as you need them.

• Meet statutory record retention requirements effortlessly.
• Quickly retrieve any signed document for audits or disputes.
• Reduce the risk of data loss from local storage failures.

Data Validation & Required Fields

An incomplete contract can be as bad as an unsigned one. Ensure all necessary information is captured before a signature can be applied by setting fields as 'required' and using data validation rules.

• Eliminate errors and omissions in your agreements.
• Ensure all necessary data for compliance is captured.
• Improve the speed and quality of your data collection.

Bulk Sending for Policy & Compliance Updates

Need to send an updated HR policy or a new compliance disclosure to your entire team or customer base for signature? Our bulk sending feature streamlines the process while tracking who has and hasn't signed.

• Efficiently manage company-wide acknowledgments.
• Maintain a clear record of compliance communication.
• Save countless administrative hours.

In-Person Signing for Witnessed Agreements

For situations that require a physical witness, like onboarding or field services, our in-person signing feature allows you to use a single device (like a tablet) to capture multiple signatures on the spot, all with the same digital audit trail.

• Digitize workflows that previously required paper and a witness.
• Capture electronic signatures on a shared device; legal effect depends on the transaction and applicable law.
• Maintain a consistent, auditable process for all signings.

Developer API for Embedded Compliance

Integrate electronic signature workflows directly into your own application or website. Our REST API supports custom signing flows; assess applicable legal requirements and configure each workflow with qualified counsel.

• Provide a seamless, branded signing experience for your users.
• Automate contract generation and signing within your platform.
• Leverage our compliance infrastructure to de-risk your product.

Customizable Legal Disclosures

Adapt the standard consent and legal disclosure language to meet your specific business or jurisdictional needs. This flexibility ensures your signing process aligns perfectly with your legal team's requirements.

• Tailor the signing process to your unique risk profile.
• Ensure full transparency with signers.
• Maintain control over the legal language presented to users.

Real-Time Status Tracking & Reporting

Know exactly where every document is in the signing process. Our dashboard provides real-time visibility, helping you identify bottlenecks and manage your contracts proactively, with a full report ready for any audit.

• Never lose track of an important agreement again.
• Proactively follow up with signers who haven't completed.
• Generate reports to demonstrate process compliance.

Legal Frameworks

The U.S. ESIGN Act, state UETA laws and EU eIDAS address electronic records and signatures within their respective scopes. Their application depends on the jurisdiction, document type and transaction. eSignly supplies signing workflows and records; customers should assess their requirements with qualified counsel.

Signing Records

For every document, we generate a comprehensive Certificate of Completion with a step-by-step log of all events. This includes names, IP addresses, and timestamps, which may help document workflow events. Admissibility and evidentiary weight depend on applicable rules and circumstances.

Bank-Grade Security

Legality depends on security. We use AES-256 encryption for data at rest and in transit, and our infrastructure is protected by our SOC 2 Type II and ISO 27001 certifications. Your documents are shielded from tampering.

Consider Jurisdictional Requirements

eIDAS sets rules for electronic signatures in the EU, including a distinct legal effect for qualified electronic signatures. Confirm the applicable signature type and other requirements for your transaction; a platform cannot ensure cross-border validity by itself.

Industry-Specific Regulations

We go beyond general legality. For businesses in healthcare, life sciences, or finance, we offer solutions that are fully compliant with specific regulations like HIPAA and 21 CFR Part 11, including their unique signature and record-keeping rules.

Unwavering Data Integrity

eSignly applies a tamper-evident seal to completed documents. The seal can help reveal changes to the sealed file; it does not establish signer intent or the legal effect of a transaction.

Effortless for Signers

A contract can be challenged if the signing process was too complex. Our interface is intuitive and simple, ensuring signers clearly understand what they are agreeing to and can demonstrate their intent to sign without confusion.

Guaranteed Uptime & Reliability

A legal process needs to be available when you are. With a 99.9% uptime SLA, you can rely on eSignly for your most critical and time-sensitive agreements, ensuring business continuity and preventing costly delays.

Expert Support on Standby

While we don't offer legal advice, our team are experts in the technical requirements for compliance. We help you configure your workflows to meet best practices for security and evidence management, giving you peace of mind.

Healthcare Network Achieves HIPAA Compliance and Cuts Patient Onboarding Time by 75%

Rachel Manning

Director of Operations, MedFirst Clinics

"eSignly's audit trail is what sold us. During our last internal audit, we could produce the exact history of any patient consent form in seconds. It's night and day compared to digging through filing cabinets. We're more secure, and our front-desk staff can focus on patients, not paperwork."

Global Logistics Firm Secures Cross-Border Contracts with eIDAS-Compliant Signatures

Warren Doyle

General Counsel, Apex Global Freight

"The ability to have a single, unified process for our US and EU contracts was a game-changer. eSignly gave our European partners the confidence to sign digitally, knowing the process was compliant with eIDAS. What used to take two weeks of back-and-forth now takes two hours."

Financial Advisory Firm Passes FINRA Audit with Flying Colors Using eSignly's Audit Trails

Samuel Gordon

Chief Compliance Officer, Crestview Wealth Management

"When the auditors asked for proof of client acknowledgment on a specific trade disclosure from six months ago, I had the signed document and the full audit trail from eSignly on their screen in under a minute. The auditor literally said, 'Okay, I'm satisfied.' That peace of mind is priceless."

eSignly Professional & Business Plans

Ideal for: Individuals, SMBs, and teams needing a ready-to-use, compliant e-signature solution.

Includes:

• Electronic signatures; legal effect depends on applicable law and transaction
• Comprehensive audit trails
• Templates and branding
• Advanced security features

eSignly Enterprise Plan

Ideal for: Large organizations with complex compliance, security, and integration needs.

Includes:

• All Business plan features
• HIPAA and 21 CFR Part 11 compliance modules
• Single Sign-On (SSO)
• Advanced authentication options
• On-premise deployment options

eSignly API

Ideal for: Businesses wanting to embed electronic signature workflows directly into their own applications or websites.

Includes:

• Full access to our robust REST API
• Comprehensive developer documentation
• Sandbox environment for testing
• All compliance and security features of the platform

"eSignly is our bedrock for HIPAA compliance. The audit trails are impeccable and have stood up to scrutiny from both internal and external auditors. It's a non-negotiable tool for any legal team in a regulated industry."

"We switched to eSignly because we needed certainty around our international contracts. Their understanding of eIDAS compliance gave us the confidence to go fully digital. The efficiency gains were immediate, and our sales cycle shortened by a week."

"Chasing paper contracts and change orders across job sites was a nightmare. With eSignly, everything is signed on a tablet in minutes, and the legal record is instantly stored. It has completely eliminated disputes over 'he said, she said' on site."

"Onboarding new hires remotely became seamless and legally sound with eSignly. We have a clear, auditable record of every employment agreement and policy acknowledgment. It's simple for new hires and gives our legal team peace of mind."

"In real estate, speed and legal validity are everything. eSignly allows our agents to get binding offers signed from anywhere, on any device. The clear audit trail is something we highlight to clients to show how we protect their interests."

"For 21 CFR Part 11 compliance, there is no room for error. eSignly's solution provided the specific controls, signature manifestations, and locked-down audit trails we needed to satisfy FDA requirements. It's a serious tool for a serious industry."

AI-Enhanced Identity Assurance

Identity verification steps may provide additional signals about a signer. No single check can establish in every case that a person is authorized to sign; select verification methods to fit the transaction and applicable requirements.

Predictive Fraud Intelligence

By leveraging behavioral analytics, our future-ready infrastructure will identify anomalies in signing patterns. This predictive approach allows us to detect potential identity theft or tampering attempts before they occur, maintaining the integrity of your most sensitive agreements.

Signing Record Integrity

eSignly is refining signing records and cryptographic verification. These controls may help identify changes to captured records; they do not create an immutable record of every event or determine legal non-repudiation.