Is a digitally signed fax legally binding?
I’m currently using an online fax service, and I’d like to be able to sign documents digitally and receive digital signatures. However, I have some concerns that digitally signed documents might not be legally binding. If I sign something digitally or I have someone give me a digital signature, is it the same as a paper contract?
In our increasingly digital world, this question is becoming an important one. Even though FaxAnswers.com cannot provide legal advice, I can tell you about precedents in this area.
So, first things first: an electronic signature is different than a digital signature. An electronic signature is a broader term that applies to all electronically communicated signatures, which may not have additional information that verifies that the person whose name is on the document did in fact sign the document.
A digital signature, on the other hand, is a signature that’s been verified digitally in some way so that it can be considered official. This is usually accomplished by capturing the signature in a special way so that it can be confidently associated with a particular document and a particular person.
There is legislation that ensures that this type of signature is legally binding in the same way a paper contract would be legally binding. However, this legislation only applies to signatures captured according to certain guidelines.
Ensuring that you meet these guidelines is easy if you use an established online service. For a fee, an online service can help you make sure that any signature you send or collect will be considered legally binding. One good example of this type of service is RightSignature, which even uses handwritten signatures to help prevent questions from arising about a person’s intent to sign.
It is important to note that just because a digital signature is legally binding in one area doesn’t mean it will hold up internationally. If you are doing international business, it is important to look into local laws on this matter.
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