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SignWell Electronic Signatures Compliance

SignWell is compliant with the strictest electronic signatures laws:

a) EU Electronic Identification and Authentication Services Regulation (910/2014/EC), commonly referred to as eIDAS, which took effect on July 1, 2016 and replaced both EU Directive on Electronic Signatures 1999/93/EC and other EU member state laws that were inconsistent with eIDAS;

(b) Electronic Signatures in Global and National Commerce Act, which is commonly known as the ESIGN Act of 2000 (the USA federal law); and

(c) Uniform Electronic Transactions Act, also known as UETA of 1999 (the USA law).

Will a contract signed with an electronic signature hold up in court?

When a third party challenges a contract, such party typically challenges how the terms of the contract are interpreted. Of course, we have nothing to do with the terms of the contract and cannot ensure how they will be interpreted. You and your third party are solely responsible for drafting and reaching agreement on the terms of the contract.

In the case of an electronic contract, however, a challenging party will often challenge not only the interpretation of the terms of the contract, but also whether the person signing the contract had the authority to "sign" the contract on behalf of the company, as well as the validity of any such signature. In anticipation of this issue, we not only collect digital signatures but we also take extra precautions to authenticate each signature that we collect, including recording the time and date when the electronic signature is provided, recording the IP address of the signatory, and recording the email address utilized by the signatory to provide the digital signature. These precautions ensure that you will be able to defend your digitally signed contract against any such challenge.