What makes Conga Sign legally binding?
The use of electronic signatures has grown dramatically over the past decade, but questions often remain about what exactly makes an electronic signature legally binding.
Conga provides an eSignature solution to meet common legal requirements in the United States so you can trust Conga Sign for your most important business documents. And you can execute documents simply and quickly.
How does Conga Sign meet these requirements?
Conga Sign captures each signer’s consent to the use and acceptance of electronic signature
The Signature is attributed to the signer by associating through email and/or proof of identity
Signatures are captured and placed on the PDF output with a digital certificate to avoid tampering
All signers receive a copy of the fully executed document for compliance and reference in any future interactions
How do UETA and the E-Sign Act define electronic signature?
The term “electronic signature” means an electronic sound, symbol, or process, attached to or legally associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
How does eSignature compare to wet signature?
- The E-Sign Act states that a signature, contract, or other record relating to this type of transaction may not be denied legal effect, validity, or enforcement solely because it is in electronic form.
- Conga’s view is that eSignature is stronger than wet signature because it is supported by our audit trail, which includes all of the events associated with the signing process. This evidence helps to protect all parties involved. In addition, having an immutable, encrypted file stored in [Conga's cloud vs the cloud] is significantly more secure than maintaining traditional hard copies in physical storage cabinets.
- In a court of law, much of the evidence surrounding wet signatures would be inadmissible hearsay, whereas electronic signatures are accompanied by hard evidence, such as audit trails and authentication records.
What is needed to be compliant with the E-Sign Act?
- Consent and intent
- The process must capture the signer’s consent to the use of electronic signatures. The signature process or agreement language must establish the signer’s intent to sign the electronic record.
- The signature must be attributable to the signer. The signature also has to be attached to, or logically associated with, the record being signed.
- Delivery and sealing of final agreement
- The signer must be allowed to keep a copy of the signed agreement. The signed record also must be maintained securely in a way that preserves its integrity.
- Consent and intent
Curious about global legality?
To learn more about eSignature laws, requirements, and acceptable use cases in countries worldwide, visit our eSignature legality customer resource page.
Still have questions?
To learn more about electronic signature regulations and Conga Sign compliance with eIDAS in Europe, see our Sign Security Data Sheet for more information.