Electronic Signature Policy Example

Date: 
05/14/2020
Document Text Version

EXAMPLE:

Habitat for Humanity of Iowa AmeriCorps Program

Electronic Signature Policy

Habitat for Humanity of Iowa will be using Adobe Sign for replacement of physical signatures needed for the Habitat for Humanity of Iowa AmeriCorps grant. Adobe Sign is a company that exceeds the 4 basic requirements under federal law compliance with the ESIGN Act:  1) Intent to sign, 2) consent to do business electronically, 3.) association of signature with the record, 4.) record retention. Example documents are employee paperwork, member service agreements among other grant management documentation. 

  1. Habitat Iowa staff will upload documents needed for signature
  2. Habitat Iowa staff will insert signature markers using the Adobe Sign software
  3. Habitat Iowa staff will send grant documents for signature through Adobe Sign.com
  4. The documents will be sent to the recipients by email through the system.
  5. After clicking the link with the document, the signee or recipient must follow the Adobe Sign steps and sign off on the consent of the form.
    1. If a signee refuses to use the electronic system, they will not sign the document or select, they do not agree to the Adobe Sign terms. Then the signee and the AmeriCorps staff must set up a process of signing the document physically.
  6. After the signee signs the document, the document is sent back to the Adobe Sign account.
  7. Habitat Iowa staff will electronically sign the document, if needed. 
  8. Habitat Iowa staff will print the document and place the document in the correct physical folder. The printed document shows the electronic signature and signature date and times.
    1. The documents are also stored in the Adobe Sign account for future printing.

 

UETA and ESIGN Act

Both the United States Electronic Signatures in Global and National Commerce (ESIGN) Act, and the Uniform Electronic Transactions Act (UETA), have four major requirements for an electronic signature to be recognized as valid under U.S. law. Those requirements are:

·         Intent to sign – Electronic signatures, like traditional wet ink signatures, are valid only if each party intended to sign.

·         Consent to do business electronically – The parties to the transaction must consent to do business electronically. Establishing that a business consented can be done by analyzing the circumstances of the interaction, but consumers require special considerations. Electronic records may be used in transactions with consumers only when the consumer has:

·         Received UETA Consumer Consent Disclosures

·         Affirmatively agreed to use electronic records for the transaction

·         Has not withdrawn such consent

·         Association of signature with the record – In order to qualify as an electronic signature under the ESIGN Act and UETA, the system used to capture the transaction must keep an associated record that reflects the process by which the signature was created, or generate a textual or graphic statement (which is added to the signed record) proving that it was executed with an electronic signature.

·         Record retention – U.S. laws on eSignatures and electronic transactions require that electronic signature records be capable of retention and accurate reproduction for reference by all parties or persons entitled to retain the contract or record.

Adobe Sign’s solutions exceed these requirements and are warranted for compliance with the ESIGN Act.

 

Resources:

https://www.docusign.com/learn/us-electronic-signature-laws-and-history/

https://acrobat.adobe.com/content/dam/doc-cloud/en/pdfs/adobe-sign-us-guide-e-signatures-wp-ue.pdf

Printed from the website on September 22, 2020 at 12:00am.