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  #1  
Old 10-12-2008, 11:51 AM
ahl ahl is offline
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Default What makes an electronic signature to be legal?

Hi friends,

If I have an online contract, that customers has to e-sign...what makes this action totally legal?

In my case, the client will fill up different web forms, at the end I give them the choice to review the content of the contract in html format(through a link) and I state that if they totally agree with that content they can proceed to electronically sign it.
They do this just filling up a text box where they will put their electronic signature and click a submit button.
After this I will include in the contract this signature, the ip address of the computer used to sign it and the timestamp.

Is this enough to say that the contract is completely legal?

Thanks
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  #2  
Old 10-12-2008, 07:04 PM
orion_joel orion_joel is offline
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If ensuring that the signature is completly bound by law it may be almost worth getting them to print the final page sign and return by fax or something. It can be tricky with the legality of things especially when you start crossing borders as well.
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  #3  
Old 10-12-2008, 07:17 PM
IndiVision Studios IndiVision Studios is offline
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Quote:
Originally Posted by orion_joel View Post
If ensuring that the signature is completly bound by law it may be almost worth getting them to print the final page sign and return by fax or something. It can be tricky with the legality of things especially when you start crossing borders as well.
I think you're going to have to contact an attorney experienced with internet law to find out.

I sign quite a few NDAs and such -- both mailed paper and digital documents -- for my business. The clients ask for them to be filled out and/or signed, then posted back, faxed, or scanned and transmitted.

I know no reason why, other than the physically signed and mailed paper documents, any of these methods would be more legal or 'fail-safe' than filling in a web form.

It's a good question ahl, and I'll be keeping an eye on this thread.
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  #4  
Old 10-28-2008, 09:33 AM
ahl ahl is offline
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As far as I could find it has to have:

- Timestamp in the document
- IP address of the PC used.
- A button with a very clear text stating that the person agrees with the document an wants to sign it.
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  #5  
Old 12-11-2008, 05:14 PM
Mozzy Mozzy is offline
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Out of curiosity, does the law specify that the signature has to be done with ink? I'm sure lawmakers could have never imagined a virtual signature back in the day.
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  #6  
Old 06-05-2009, 03:56 PM
Landlord Landlord is offline
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What a great question!
This is actually something our business has been planning on offering in the near future, and I'm extremely curious about the legal ins and outs for signing electronic forms. Our company provides legal forms for landlords, and there's a huge need for electronic signatures on legal forms.
Anyway keep me posted, and hopefully we'll get a lawyer well versed in internet law on here!
Cheers
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Last edited by Landlord : 08-29-2013 at 02:23 PM.
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  #7  
Old 03-14-2013, 10:56 AM
adrian_in9@yaho adrian_in9@yaho is offline
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Drivers who need to deal with distractions are participating in risky and dangerous behaviors that endanger everybody on the road.




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