Compliance
DMS Workspace E-Signature is legally compliant with U.S. (ESIGN) and international (eIDAS) eSignature laws.
We record all major activities that happen during the signing process and provide a downloadable copy of the complete audit trail report. The final document is also digitally signed so that any tampering in the future can be immediately detected.
eIDAS Regulation
The eIDAS Regulation, which stands for "electronic IDentification, Authentication and trust Services," is a regulation of the European Union (EU) that establishes a legal framework for electronic signatures, electronic identification, and trust services for electronic transactions in the European Single Market. Here are some key points about eIDAS:
Purpose: The primary objective of eIDAS is to facilitate cross-border electronic transactions within the European Union by providing a common legal framework for electronic signatures and trust services. It aims to enhance trust and confidence in electronic transactions, promote interoperability, and remove legal barriers to the digital single market.
Legal Validity of Electronic Signatures: eIDAS establishes that electronic signatures have the same legal validity and effect as handwritten signatures, provided they meet certain requirements. It defines three types of electronic signatures:
Simple electronic signatures: Any data in electronic form attached to or logically associated with a document, which the signer uses to sign.
Advanced electronic signatures: Electronic signatures that are uniquely linked to the signer, capable of identifying the signer, and created using electronic signature creation data that the signer can keep under their sole control.
Qualified electronic signatures: Advanced electronic signatures that are created using a qualified electronic signature device and are based on a qualified certificate issued by a qualified trust service provider.
Trust Services: eIDAS also regulates trust services, such as electronic seals, electronic timestamps, electronic delivery services, and website authentication certificates. Trust service providers must comply with specific requirements and adhere to accreditation and supervision procedures to offer their services across the EU.
Mutual Recognition: eIDAS establishes a system of mutual recognition for electronic identification (eID) and electronic trust services across EU member states. This means that electronic signatures, electronic seals, electronic timestamps, and other trust services issued in one EU country are recognized and accepted in all other EU countries.
Enforcement and Compliance: EU member states are required to implement the provisions of eIDAS into their national laws and ensure compliance with the regulation. National supervisory bodies oversee the activities of trust service providers and enforce compliance with eIDAS requirements.
U.S E-SIGN Act
The United States Electronic Signatures in Global and National Commerce Act, commonly known as the U.S. E-SIGN Act, was enacted into law on June 30, 2000. This federal law facilitates the use of electronic records and electronic signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered electronically. Key components of the E-SIGN Act include:
Legal Recognition: The E-SIGN Act grants electronic signatures and records the same legal status as traditional paper documents and handwritten signatures, stating that a contract or signature cannot be denied legal effect solely because it is in electronic form.
Consumer Consent: The Act requires businesses to obtain explicit consent from consumers before providing electronic documents. Consumers must also be adequately informed about the electronic transactions and given a choice to have the transaction provided in paper form.
Interstate and Global Commerce: The E-SIGN Act applies to transactions involving interstate or foreign commerce, bridging the gap for electronic transactions across state and international lines.
Retention of Electronic Records: Entities are obligated under the Act to store electronic records of transactions in a format that can be retained and accurately reproduced for later reference.
Notarization and Authentication: The Act acknowledges that electronic signatures can be used for notarial acts and other authentication purposes, under certain conditions.
The E-SIGN Act plays a crucial role in supporting e-commerce by promoting the use of electronic documents and signatures, streamlining transactions, and reducing paper-based processes, similar in intent to the EU's eIDAS regulation but applied within the context of U.S. law.
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