Is eSignature legal and secure?

Many countries including Australia, US, Canada, EU have passed legislation permitting the legal use of electronic signatures, and DocuSign ensures the legality of electronic signatures by offering the most trusted, reliable, and secure digital evidence of any electronic signature company. DocuSign is present in 188 countries and leads the industry in compliance and enforceability. DocuSign provides the most authentication options, a comprehensive digital audit trail, and bank-grade security.

Under Australian law, contracts are generally valid if legally competent parties reach an agreement, whether they agree verbally, electronically or in a physical paper document. The Electronic Transactions Acts in the Commonwealth, States and Territories of Australia specifically confirm that provided certain requirements are met, and a relevant exception does not apply, contracts cannot be denied enforceability merely because they are concluded electronically. Leading digital transaction management solutions can provide electronic records that are admissible in evidence under Australian laws to support the existence, authenticity and valid acceptance of a contract.

For some types of deeds and documents, parties may need to satisfy additional formal requirements under Australian law. Additionally, relevant exclusions where digital transaction management solutions should not be used, are set out in the Electronic Transactions Acts of the Commonwealth, States and Territories of Australia and corresponding regulations. Notable exceptions include statutory declarations, powers of attorney in certain States/Territories, bills of exchange, the signature, lodgement, service and filing of documents in connection with legal proceedings in certain States/Territories, certain documents under legislation relating to health insurance, life insurance and general insurance, certain documents, notices, and consents used in connection with the provision of credit related services under the National Consumer Credit Protection Act 2009 (Cth), some property transactions in South Australia, and official Commonwealth documents such as passports.

More information about eSignature in Australia can be found here. More information about eSignature in other countries can be found by searching by country on the same page.