Blog

Are Digital Signatures Legally Binding?

Blog

Are Digital Signatures Legally Binding?

Blog

Are Digital Signatures Legally Binding?

Blog

Are Digital Signatures Legally Binding?

Blog

Are Digital Signatures Legally Binding?

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Blog

Are Digital Signatures Legally Binding?

Heather Mueller
/
September 4, 2019
Blog

Are Digital Signatures Legally Binding?

MIN
/
September 4, 2019
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The short answer is “yes,” although many people still don’t fully understand how to use digital signatures correctly and some remain leery of them. Despite that, ink is being replaced with digital versions of the classic autograph on everything from latté receipts to legal contracts.While Formstack is not able to provide legal advice (you’ll need to consult with your own attorney for that), we can help break down the basics of electronic signatures and how they’re viewed by the American legal system. For a quick primer, keep reading.

First, What Is an Electronic Signature?

Attorney-at-Law Kenan L. Farrell addressed this question in another post, where he offered this definition:An electronic signature is any legally recognized electronic means that indicates a person adopts the contents of an electronic message. There are a variety of ways to collect legally legit electronic signatures and consents in your Formstack forms, from adding “I agree” checkboxes to enabling touchscreen eSignatures. For more details on how the legal system handles these types of signatures, we highly recommend reading Farrell’s full guest post.

In fact, go ahead and read it now. We’ll wait.

Done? Great! As described in that post, electronic signatures function just like their pen-and-paper counterparts, indicating the signer agrees to adopt all intentions recorded in a document.

Laws Governing Electronic Signatures

Since 2000, electronic signatures have been governed by the Electronic Signatures in Global and National Commerce (E-Sign) Act. This federal law stipulates that no “signature, contract or other record” can be denied or unenforced simply because a signature is in electronic form. At the state level, the Uniform Electronic Transactions Act (UETA) provides similar protection to digital signatures and records.

Limitations of Electronic Signatures

In most cases, an electronic signature is just as legally binding (if not more so) than traditional pen-and-paper agreements. There are some instances—wills and trusts, for instance—where electronic signatures may not be binding. In these cases, your state’s adoption of UETA will likely come into play, so check with your attorney when dealing with documents that are sensitive in nature or likely to be reviewed in court.

The good news? Formstack tools make it easy to collect most of the signatures you’ll need on a day-to-day basis.

Best Practices When Collecting Electronic Signatures

If you’ve been using Formstack for awhile, you know how easy it is to collect and store signatures electronically. Here are a few do’s and don’ts to keep in mind when building agreements and signature options into your forms:

  • Don’t: Allow users to upload their own pictures of signatures. Although they can be proven legal, it’s the least bulletproof form of signature.
  • Instead, Do: Add a Formstack signature field users can more legitimately “sign” using a mouse or touchscreen.
  • Don’t: Assume people are reading every word of your privacy policy, terms of agreement and other important statements.
  • Instead, Do: Use checkboxes. While you don’t want to overwhelm people with too many fields, it’s a good idea to validate that the people filling out your forms understand what they’re signing. Checkboxes make that easy.

Looking for more tips?

Get the guide to learn about all the ways you can easily gather legally binding electronic signatures using Formstack. (Not a Formstack user? Sign up for your free trial here.)

Blog

Are Digital Signatures Legally Binding?

Blog

Are Digital Signatures Legally Binding?

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The short answer is “yes,” although many people still don’t fully understand how to use digital signatures correctly and some remain leery of them. Despite that, ink is being replaced with digital versions of the classic autograph on everything from latté receipts to legal contracts.While Formstack is not able to provide legal advice (you’ll need to consult with your own attorney for that), we can help break down the basics of electronic signatures and how they’re viewed by the American legal system. For a quick primer, keep reading.

First, What Is an Electronic Signature?

Attorney-at-Law Kenan L. Farrell addressed this question in another post, where he offered this definition:An electronic signature is any legally recognized electronic means that indicates a person adopts the contents of an electronic message. There are a variety of ways to collect legally legit electronic signatures and consents in your Formstack forms, from adding “I agree” checkboxes to enabling touchscreen eSignatures. For more details on how the legal system handles these types of signatures, we highly recommend reading Farrell’s full guest post.

In fact, go ahead and read it now. We’ll wait.

Done? Great! As described in that post, electronic signatures function just like their pen-and-paper counterparts, indicating the signer agrees to adopt all intentions recorded in a document.

Laws Governing Electronic Signatures

Since 2000, electronic signatures have been governed by the Electronic Signatures in Global and National Commerce (E-Sign) Act. This federal law stipulates that no “signature, contract or other record” can be denied or unenforced simply because a signature is in electronic form. At the state level, the Uniform Electronic Transactions Act (UETA) provides similar protection to digital signatures and records.

Limitations of Electronic Signatures

In most cases, an electronic signature is just as legally binding (if not more so) than traditional pen-and-paper agreements. There are some instances—wills and trusts, for instance—where electronic signatures may not be binding. In these cases, your state’s adoption of UETA will likely come into play, so check with your attorney when dealing with documents that are sensitive in nature or likely to be reviewed in court.

The good news? Formstack tools make it easy to collect most of the signatures you’ll need on a day-to-day basis.

Best Practices When Collecting Electronic Signatures

If you’ve been using Formstack for awhile, you know how easy it is to collect and store signatures electronically. Here are a few do’s and don’ts to keep in mind when building agreements and signature options into your forms:

  • Don’t: Allow users to upload their own pictures of signatures. Although they can be proven legal, it’s the least bulletproof form of signature.
  • Instead, Do: Add a Formstack signature field users can more legitimately “sign” using a mouse or touchscreen.
  • Don’t: Assume people are reading every word of your privacy policy, terms of agreement and other important statements.
  • Instead, Do: Use checkboxes. While you don’t want to overwhelm people with too many fields, it’s a good idea to validate that the people filling out your forms understand what they’re signing. Checkboxes make that easy.

Looking for more tips?

Get the guide to learn about all the ways you can easily gather legally binding electronic signatures using Formstack. (Not a Formstack user? Sign up for your free trial here.)

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Are Digital Signatures Legally Binding?

Here's a break down of the basics of electronic signatures and how they’re viewed by the American legal system. Learn how to use digital signatures correctly.
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The short answer is “yes,” although many people still don’t fully understand how to use digital signatures correctly and some remain leery of them. Despite that, ink is being replaced with digital versions of the classic autograph on everything from latté receipts to legal contracts.While Formstack is not able to provide legal advice (you’ll need to consult with your own attorney for that), we can help break down the basics of electronic signatures and how they’re viewed by the American legal system. For a quick primer, keep reading.

First, What Is an Electronic Signature?

Attorney-at-Law Kenan L. Farrell addressed this question in another post, where he offered this definition:An electronic signature is any legally recognized electronic means that indicates a person adopts the contents of an electronic message. There are a variety of ways to collect legally legit electronic signatures and consents in your Formstack forms, from adding “I agree” checkboxes to enabling touchscreen eSignatures. For more details on how the legal system handles these types of signatures, we highly recommend reading Farrell’s full guest post.

In fact, go ahead and read it now. We’ll wait.

Done? Great! As described in that post, electronic signatures function just like their pen-and-paper counterparts, indicating the signer agrees to adopt all intentions recorded in a document.

Laws Governing Electronic Signatures

Since 2000, electronic signatures have been governed by the Electronic Signatures in Global and National Commerce (E-Sign) Act. This federal law stipulates that no “signature, contract or other record” can be denied or unenforced simply because a signature is in electronic form. At the state level, the Uniform Electronic Transactions Act (UETA) provides similar protection to digital signatures and records.

Limitations of Electronic Signatures

In most cases, an electronic signature is just as legally binding (if not more so) than traditional pen-and-paper agreements. There are some instances—wills and trusts, for instance—where electronic signatures may not be binding. In these cases, your state’s adoption of UETA will likely come into play, so check with your attorney when dealing with documents that are sensitive in nature or likely to be reviewed in court.

The good news? Formstack tools make it easy to collect most of the signatures you’ll need on a day-to-day basis.

Best Practices When Collecting Electronic Signatures

If you’ve been using Formstack for awhile, you know how easy it is to collect and store signatures electronically. Here are a few do’s and don’ts to keep in mind when building agreements and signature options into your forms:

  • Don’t: Allow users to upload their own pictures of signatures. Although they can be proven legal, it’s the least bulletproof form of signature.
  • Instead, Do: Add a Formstack signature field users can more legitimately “sign” using a mouse or touchscreen.
  • Don’t: Assume people are reading every word of your privacy policy, terms of agreement and other important statements.
  • Instead, Do: Use checkboxes. While you don’t want to overwhelm people with too many fields, it’s a good idea to validate that the people filling out your forms understand what they’re signing. Checkboxes make that easy.

Looking for more tips?

Get the guide to learn about all the ways you can easily gather legally binding electronic signatures using Formstack. (Not a Formstack user? Sign up for your free trial here.)

The short answer is “yes,” although many people still don’t fully understand how to use digital signatures correctly and some remain leery of them. Despite that, ink is being replaced with digital versions of the classic autograph on everything from latté receipts to legal contracts.While Formstack is not able to provide legal advice (you’ll need to consult with your own attorney for that), we can help break down the basics of electronic signatures and how they’re viewed by the American legal system. For a quick primer, keep reading.

First, What Is an Electronic Signature?

Attorney-at-Law Kenan L. Farrell addressed this question in another post, where he offered this definition:An electronic signature is any legally recognized electronic means that indicates a person adopts the contents of an electronic message. There are a variety of ways to collect legally legit electronic signatures and consents in your Formstack forms, from adding “I agree” checkboxes to enabling touchscreen eSignatures. For more details on how the legal system handles these types of signatures, we highly recommend reading Farrell’s full guest post.

In fact, go ahead and read it now. We’ll wait.

Done? Great! As described in that post, electronic signatures function just like their pen-and-paper counterparts, indicating the signer agrees to adopt all intentions recorded in a document.

Laws Governing Electronic Signatures

Since 2000, electronic signatures have been governed by the Electronic Signatures in Global and National Commerce (E-Sign) Act. This federal law stipulates that no “signature, contract or other record” can be denied or unenforced simply because a signature is in electronic form. At the state level, the Uniform Electronic Transactions Act (UETA) provides similar protection to digital signatures and records.

Limitations of Electronic Signatures

In most cases, an electronic signature is just as legally binding (if not more so) than traditional pen-and-paper agreements. There are some instances—wills and trusts, for instance—where electronic signatures may not be binding. In these cases, your state’s adoption of UETA will likely come into play, so check with your attorney when dealing with documents that are sensitive in nature or likely to be reviewed in court.

The good news? Formstack tools make it easy to collect most of the signatures you’ll need on a day-to-day basis.

Best Practices When Collecting Electronic Signatures

If you’ve been using Formstack for awhile, you know how easy it is to collect and store signatures electronically. Here are a few do’s and don’ts to keep in mind when building agreements and signature options into your forms:

  • Don’t: Allow users to upload their own pictures of signatures. Although they can be proven legal, it’s the least bulletproof form of signature.
  • Instead, Do: Add a Formstack signature field users can more legitimately “sign” using a mouse or touchscreen.
  • Don’t: Assume people are reading every word of your privacy policy, terms of agreement and other important statements.
  • Instead, Do: Use checkboxes. While you don’t want to overwhelm people with too many fields, it’s a good idea to validate that the people filling out your forms understand what they’re signing. Checkboxes make that easy.

Looking for more tips?

Get the guide to learn about all the ways you can easily gather legally binding electronic signatures using Formstack. (Not a Formstack user? Sign up for your free trial here.)

Collecting payments with online forms is easy, but first, you have to choose the right payment gateway. Browse the providers in our gateway credit card processing comparison chart to find the best option for your business. Then sign up for Formstack Forms, customize your payment forms, and start collecting profits in minutes.

Online Payment Gateway Comparison Chart

NOTE: These amounts reflect the monthly subscription for the payment provider. Formstack does not charge a fee to integrate with any of our payment partners.

FEATURES
Authorize.Net
Bambora
Chargify
First Data
PayPal
PayPal Pro
PayPal Payflow
Stripe
WePay
ProPay
Monthly Fees
$25
$25
$149+
Contact First Data
$0
$25
$0-$25
$0
$0
$4
Transaction Fees
$2.9% + 30¢
$2.9% + 30¢
N/A
Contact First Data
$2.9% + 30¢
$2.9% + 30¢
10¢
$2.9% + 30¢
$2.9% + 30¢
$2.6% + 30¢
Countries
5
8
Based on payment gateway
50+
203
3
4
25
USA
USA
Currencies
11
2
23
140
25
23
25
135+
1
1
Card Types
6
13
Based on payment gateway
5
9
9
5
6
4
4
Limits
None
None
Based on payment gateway
None
$10,000
None
None
None
None
$500 per transaction
Form Payments
Recurring Billing
Mobile Payments
PSD2 Compliant

The short answer is “yes,” although many people still don’t fully understand how to use digital signatures correctly and some remain leery of them. Despite that, ink is being replaced with digital versions of the classic autograph on everything from latté receipts to legal contracts.While Formstack is not able to provide legal advice (you’ll need to consult with your own attorney for that), we can help break down the basics of electronic signatures and how they’re viewed by the American legal system. For a quick primer, keep reading.

First, What Is an Electronic Signature?

Attorney-at-Law Kenan L. Farrell addressed this question in another post, where he offered this definition:An electronic signature is any legally recognized electronic means that indicates a person adopts the contents of an electronic message. There are a variety of ways to collect legally legit electronic signatures and consents in your Formstack forms, from adding “I agree” checkboxes to enabling touchscreen eSignatures. For more details on how the legal system handles these types of signatures, we highly recommend reading Farrell’s full guest post.

In fact, go ahead and read it now. We’ll wait.

Done? Great! As described in that post, electronic signatures function just like their pen-and-paper counterparts, indicating the signer agrees to adopt all intentions recorded in a document.

Laws Governing Electronic Signatures

Since 2000, electronic signatures have been governed by the Electronic Signatures in Global and National Commerce (E-Sign) Act. This federal law stipulates that no “signature, contract or other record” can be denied or unenforced simply because a signature is in electronic form. At the state level, the Uniform Electronic Transactions Act (UETA) provides similar protection to digital signatures and records.

Limitations of Electronic Signatures

In most cases, an electronic signature is just as legally binding (if not more so) than traditional pen-and-paper agreements. There are some instances—wills and trusts, for instance—where electronic signatures may not be binding. In these cases, your state’s adoption of UETA will likely come into play, so check with your attorney when dealing with documents that are sensitive in nature or likely to be reviewed in court.

The good news? Formstack tools make it easy to collect most of the signatures you’ll need on a day-to-day basis.

Best Practices When Collecting Electronic Signatures

If you’ve been using Formstack for awhile, you know how easy it is to collect and store signatures electronically. Here are a few do’s and don’ts to keep in mind when building agreements and signature options into your forms:

  • Don’t: Allow users to upload their own pictures of signatures. Although they can be proven legal, it’s the least bulletproof form of signature.
  • Instead, Do: Add a Formstack signature field users can more legitimately “sign” using a mouse or touchscreen.
  • Don’t: Assume people are reading every word of your privacy policy, terms of agreement and other important statements.
  • Instead, Do: Use checkboxes. While you don’t want to overwhelm people with too many fields, it’s a good idea to validate that the people filling out your forms understand what they’re signing. Checkboxes make that easy.

Looking for more tips?

Get the guide to learn about all the ways you can easily gather legally binding electronic signatures using Formstack. (Not a Formstack user? Sign up for your free trial here.)

The short answer is “yes,” although many people still don’t fully understand how to use digital signatures correctly and some remain leery of them. Despite that, ink is being replaced with digital versions of the classic autograph on everything from latté receipts to legal contracts.While Formstack is not able to provide legal advice (you’ll need to consult with your own attorney for that), we can help break down the basics of electronic signatures and how they’re viewed by the American legal system. For a quick primer, keep reading.

First, What Is an Electronic Signature?

Attorney-at-Law Kenan L. Farrell addressed this question in another post, where he offered this definition:An electronic signature is any legally recognized electronic means that indicates a person adopts the contents of an electronic message. There are a variety of ways to collect legally legit electronic signatures and consents in your Formstack forms, from adding “I agree” checkboxes to enabling touchscreen eSignatures. For more details on how the legal system handles these types of signatures, we highly recommend reading Farrell’s full guest post.

In fact, go ahead and read it now. We’ll wait.

Done? Great! As described in that post, electronic signatures function just like their pen-and-paper counterparts, indicating the signer agrees to adopt all intentions recorded in a document.

Laws Governing Electronic Signatures

Since 2000, electronic signatures have been governed by the Electronic Signatures in Global and National Commerce (E-Sign) Act. This federal law stipulates that no “signature, contract or other record” can be denied or unenforced simply because a signature is in electronic form. At the state level, the Uniform Electronic Transactions Act (UETA) provides similar protection to digital signatures and records.

Limitations of Electronic Signatures

In most cases, an electronic signature is just as legally binding (if not more so) than traditional pen-and-paper agreements. There are some instances—wills and trusts, for instance—where electronic signatures may not be binding. In these cases, your state’s adoption of UETA will likely come into play, so check with your attorney when dealing with documents that are sensitive in nature or likely to be reviewed in court.

The good news? Formstack tools make it easy to collect most of the signatures you’ll need on a day-to-day basis.

Best Practices When Collecting Electronic Signatures

If you’ve been using Formstack for awhile, you know how easy it is to collect and store signatures electronically. Here are a few do’s and don’ts to keep in mind when building agreements and signature options into your forms:

  • Don’t: Allow users to upload their own pictures of signatures. Although they can be proven legal, it’s the least bulletproof form of signature.
  • Instead, Do: Add a Formstack signature field users can more legitimately “sign” using a mouse or touchscreen.
  • Don’t: Assume people are reading every word of your privacy policy, terms of agreement and other important statements.
  • Instead, Do: Use checkboxes. While you don’t want to overwhelm people with too many fields, it’s a good idea to validate that the people filling out your forms understand what they’re signing. Checkboxes make that easy.

Looking for more tips?

Get the guide to learn about all the ways you can easily gather legally binding electronic signatures using Formstack. (Not a Formstack user? Sign up for your free trial here.)

The short answer is “yes,” although many people still don’t fully understand how to use digital signatures correctly and some remain leery of them. Despite that, ink is being replaced with digital versions of the classic autograph on everything from latté receipts to legal contracts.While Formstack is not able to provide legal advice (you’ll need to consult with your own attorney for that), we can help break down the basics of electronic signatures and how they’re viewed by the American legal system. For a quick primer, keep reading.

First, What Is an Electronic Signature?

Attorney-at-Law Kenan L. Farrell addressed this question in another post, where he offered this definition:An electronic signature is any legally recognized electronic means that indicates a person adopts the contents of an electronic message. There are a variety of ways to collect legally legit electronic signatures and consents in your Formstack forms, from adding “I agree” checkboxes to enabling touchscreen eSignatures. For more details on how the legal system handles these types of signatures, we highly recommend reading Farrell’s full guest post.

In fact, go ahead and read it now. We’ll wait.

Done? Great! As described in that post, electronic signatures function just like their pen-and-paper counterparts, indicating the signer agrees to adopt all intentions recorded in a document.

Laws Governing Electronic Signatures

Since 2000, electronic signatures have been governed by the Electronic Signatures in Global and National Commerce (E-Sign) Act. This federal law stipulates that no “signature, contract or other record” can be denied or unenforced simply because a signature is in electronic form. At the state level, the Uniform Electronic Transactions Act (UETA) provides similar protection to digital signatures and records.

Limitations of Electronic Signatures

In most cases, an electronic signature is just as legally binding (if not more so) than traditional pen-and-paper agreements. There are some instances—wills and trusts, for instance—where electronic signatures may not be binding. In these cases, your state’s adoption of UETA will likely come into play, so check with your attorney when dealing with documents that are sensitive in nature or likely to be reviewed in court.

The good news? Formstack tools make it easy to collect most of the signatures you’ll need on a day-to-day basis.

Best Practices When Collecting Electronic Signatures

If you’ve been using Formstack for awhile, you know how easy it is to collect and store signatures electronically. Here are a few do’s and don’ts to keep in mind when building agreements and signature options into your forms:

  • Don’t: Allow users to upload their own pictures of signatures. Although they can be proven legal, it’s the least bulletproof form of signature.
  • Instead, Do: Add a Formstack signature field users can more legitimately “sign” using a mouse or touchscreen.
  • Don’t: Assume people are reading every word of your privacy policy, terms of agreement and other important statements.
  • Instead, Do: Use checkboxes. While you don’t want to overwhelm people with too many fields, it’s a good idea to validate that the people filling out your forms understand what they’re signing. Checkboxes make that easy.

Looking for more tips?

Get the guide to learn about all the ways you can easily gather legally binding electronic signatures using Formstack. (Not a Formstack user? Sign up for your free trial here.)

The short answer is “yes,” although many people still don’t fully understand how to use digital signatures correctly and some remain leery of them. Despite that, ink is being replaced with digital versions of the classic autograph on everything from latté receipts to legal contracts.While Formstack is not able to provide legal advice (you’ll need to consult with your own attorney for that), we can help break down the basics of electronic signatures and how they’re viewed by the American legal system. For a quick primer, keep reading.

First, What Is an Electronic Signature?

Attorney-at-Law Kenan L. Farrell addressed this question in another post, where he offered this definition:An electronic signature is any legally recognized electronic means that indicates a person adopts the contents of an electronic message. There are a variety of ways to collect legally legit electronic signatures and consents in your Formstack forms, from adding “I agree” checkboxes to enabling touchscreen eSignatures. For more details on how the legal system handles these types of signatures, we highly recommend reading Farrell’s full guest post.

In fact, go ahead and read it now. We’ll wait.

Done? Great! As described in that post, electronic signatures function just like their pen-and-paper counterparts, indicating the signer agrees to adopt all intentions recorded in a document.

Laws Governing Electronic Signatures

Since 2000, electronic signatures have been governed by the Electronic Signatures in Global and National Commerce (E-Sign) Act. This federal law stipulates that no “signature, contract or other record” can be denied or unenforced simply because a signature is in electronic form. At the state level, the Uniform Electronic Transactions Act (UETA) provides similar protection to digital signatures and records.

Limitations of Electronic Signatures

In most cases, an electronic signature is just as legally binding (if not more so) than traditional pen-and-paper agreements. There are some instances—wills and trusts, for instance—where electronic signatures may not be binding. In these cases, your state’s adoption of UETA will likely come into play, so check with your attorney when dealing with documents that are sensitive in nature or likely to be reviewed in court.

The good news? Formstack tools make it easy to collect most of the signatures you’ll need on a day-to-day basis.

Best Practices When Collecting Electronic Signatures

If you’ve been using Formstack for awhile, you know how easy it is to collect and store signatures electronically. Here are a few do’s and don’ts to keep in mind when building agreements and signature options into your forms:

  • Don’t: Allow users to upload their own pictures of signatures. Although they can be proven legal, it’s the least bulletproof form of signature.
  • Instead, Do: Add a Formstack signature field users can more legitimately “sign” using a mouse or touchscreen.
  • Don’t: Assume people are reading every word of your privacy policy, terms of agreement and other important statements.
  • Instead, Do: Use checkboxes. While you don’t want to overwhelm people with too many fields, it’s a good idea to validate that the people filling out your forms understand what they’re signing. Checkboxes make that easy.

Looking for more tips?

Get the guide to learn about all the ways you can easily gather legally binding electronic signatures using Formstack. (Not a Formstack user? Sign up for your free trial here.)

The short answer is “yes,” although many people still don’t fully understand how to use digital signatures correctly and some remain leery of them. Despite that, ink is being replaced with digital versions of the classic autograph on everything from latté receipts to legal contracts.While Formstack is not able to provide legal advice (you’ll need to consult with your own attorney for that), we can help break down the basics of electronic signatures and how they’re viewed by the American legal system. For a quick primer, keep reading.

First, What Is an Electronic Signature?

Attorney-at-Law Kenan L. Farrell addressed this question in another post, where he offered this definition:An electronic signature is any legally recognized electronic means that indicates a person adopts the contents of an electronic message. There are a variety of ways to collect legally legit electronic signatures and consents in your Formstack forms, from adding “I agree” checkboxes to enabling touchscreen eSignatures. For more details on how the legal system handles these types of signatures, we highly recommend reading Farrell’s full guest post.

In fact, go ahead and read it now. We’ll wait.

Done? Great! As described in that post, electronic signatures function just like their pen-and-paper counterparts, indicating the signer agrees to adopt all intentions recorded in a document.

Laws Governing Electronic Signatures

Since 2000, electronic signatures have been governed by the Electronic Signatures in Global and National Commerce (E-Sign) Act. This federal law stipulates that no “signature, contract or other record” can be denied or unenforced simply because a signature is in electronic form. At the state level, the Uniform Electronic Transactions Act (UETA) provides similar protection to digital signatures and records.

Limitations of Electronic Signatures

In most cases, an electronic signature is just as legally binding (if not more so) than traditional pen-and-paper agreements. There are some instances—wills and trusts, for instance—where electronic signatures may not be binding. In these cases, your state’s adoption of UETA will likely come into play, so check with your attorney when dealing with documents that are sensitive in nature or likely to be reviewed in court.

The good news? Formstack tools make it easy to collect most of the signatures you’ll need on a day-to-day basis.

Best Practices When Collecting Electronic Signatures

If you’ve been using Formstack for awhile, you know how easy it is to collect and store signatures electronically. Here are a few do’s and don’ts to keep in mind when building agreements and signature options into your forms:

  • Don’t: Allow users to upload their own pictures of signatures. Although they can be proven legal, it’s the least bulletproof form of signature.
  • Instead, Do: Add a Formstack signature field users can more legitimately “sign” using a mouse or touchscreen.
  • Don’t: Assume people are reading every word of your privacy policy, terms of agreement and other important statements.
  • Instead, Do: Use checkboxes. While you don’t want to overwhelm people with too many fields, it’s a good idea to validate that the people filling out your forms understand what they’re signing. Checkboxes make that easy.

Looking for more tips?

Get the guide to learn about all the ways you can easily gather legally binding electronic signatures using Formstack. (Not a Formstack user? Sign up for your free trial here.)

Heather Mueller
Heather is a website copywriter and digital content strategist who loves helping brands generate leads through the power of the written word—especially when using Formstack. Connect with Heather on Twitter @heathermueller.
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Lindsay is a writer with a background in journalism and loves getting to flex her interview skills as host of Practically Genius. She manages Formstack's blog and long-form reports, like the 2022 State of Digital Maturity: Advancing Workflow Automation.