Digital Signature Laws

Digital signatures are used in WellnessLiving as an acknowledgement that clients have reviewed and signed their contracts and waivers. At WellnessLiving, we go above and beyond these regulations to ensure the legality, reliability, and security of every electronic signature created, captured, and stored by your business.

Legislation permitting and outlining the legal use of electronic signatures has been passed in several countries, including the United States, Canada, the United Kingdom, and members of the European Union, and Australia. Laws relating to electronic signatures in most countries outline specific types of documents or categories of documents for which electronic signatures should not be used. Consult with a legal counsel to identify how and where electronic signatures can be used based on the categories of exclusion in your jurisdiction. Common categories include wills and trusts, powers of attorney, and declarations given under oath.

WellnessLiving is compliant with the Uniform Electronic Transactions Act (UETA) and United States Electronic Signatures in Global and National Commerce (ESIGN) Act and their requirements.

The UETA and ESIGN Act provide that:

  • If a law requires a signature, an electronic signature satisfies the law.
  • If a law requires a record to be in writing, an electronic record satisfies the law.
  • No contract, signature, or record shall be denied legal effect solely because it is in electronic form.
  • A contract relating to a transaction cannot be denied legal effect solely because an electronic signature or record was used in its formation.

To recognize an electronic signature under the UETA and the ESIGN Act, the signature must adhere to four major requirements:

  • Intent to sign
    • Like traditional signatures, electronic signatures are only valid if each party has the intent to sign.
  • Consent from all parties to do business electronically
    • All parties must acknowledge their consent to do business A consumer’s consent can only be established when the following legal requirements are met:
      • The consumer received a copy of the UETA Customer Consent Disclosure.
      • The consumer agreed to use electronic records for the transaction.
      • The consumer has not withdrawn the consent to conduct business electronically.
    • Association of signature with the record
      • The system used to capture the transaction must create a related record that includes either the process used to capture the signature, a text statement that proves the transaction was executed with an electronic signature, or a graphic statement that proves the transaction was executed with an electronic signature.
    • Record retention
      • Records created for each transaction must be retained and accurate reproductions of all records must be available for all parties to reference or retain.

Digital Signature Receipt

At WellnessLiving, you can offer proof of who signed a document, which document was signed, the IP address where the document was signed, and the date that the document was signed. This improved level of attribution will allow you to have even greater faith in your electronic records.

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