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It’s Time to Take Your eSignature Tool Seriously–The Law Does

November 28 2013

We're continuing a holiday tradition of sharing our most popular articles of the year. This article was originally published to our Agent channel back in July:

maya esig securityDid you know that June 30 was National ESIGN Day? Bet you didn't know it, but you should, and here's why. First, a quick history...

In 1998 the US Congress amended the Bank Protection Act of 1968 to include digital/electronic signature and authentication, the act was known as "Digital Signature and Authentication Law (SEAL) of 1998" permitting, and helping define, the use of electronic signatures in all aspects of business.

In 2000, Congress enacted the "Electronic Signatures in Global and National Commerce Act (ESIGN)" into law. This was a turning point for the acceptance of the digital signature and authentication standard. How many REALTOR® members or even real estate professionals are aware of the authentication standards that were set?

To boil it down, you need three primary points to prove a valid electronic signature:

  • Legally valid - This is established by consenting to sign digitally and reviewing a consent statement including information on how to obtain paper copies, how to withdraw consent, and who is requesting the signature.
  • Auditable - There must be an audit trail, including the email address, IP address and potentially even the geographical location of the individual at the time of signing. The time stamp is also necessary. The audit trail becomes part of the verification and certification of the digital signature.
  • Tamper Evident - The digital signature must also be able to reveal if the document has been tampered with.
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