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The Witnesses to the Book of Mormon
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X Previous image. Why is this review inappropriate? Bankruptcy court in California ruled that while DocuSign is appropriate in many business settings, overall it does not constitute as a replacement for original signatures on legal documents and the like. Additionally, in compliance with local data retention policies, originally signed documents must be held for three years in the event evidence is requested again from the court.
Bains failed to obtain original signatures on documents in lieu of using DocuSign — which was the biggest issue in the case. But why is it an issue in the first place? Primary concerns were that DocuSign signatures could easily be manipulated or forged, opening the door for the individuals filing bankruptcy to claim that they were not the signers — thus impacting the integrity of the legal system.
There is no guarantee who clicks on the button and the declared name by itself the area where the signer enters their name is just a placeholder that can be filled by anybody. Prior to this case, there was little to no basis set in the US legal system for digital authentication platforms.
They are widely used across many industries including real estate where legal documents are passed around through multiple parties. Though this ruling affected that small district in California, it is common practice for other cities and states to cite pre-established cases, thus setting a precedent across the US. It is important to note that not all e-signatures can be rejected simply because of their electronic nature. This means that in order for a signature to be invalid, there must be a reason — such as, the platform in this case DocuSign is possibly vulnerable to corruption or wrongdoing.
This ruling will have major implications on DocuSign as it is now questioned as being a trusted source for e-verification in the legal setting. However, understandably controls need to be in place that provide for authenticity of the signer, and a way to verify that the signature really did come from the correct person.
DocuSign fell short by failing to prove to the courts that the signature truly counted as an original signature — a fatal flaw that will hurt digital signature platforms, as this is their primary objective. While we believe there are certainly ways to incorporate e-authentication into the legal systems, it is critical that non-repudiation be the primary goal of the software platform, as well as security to prevent malpractice. Within the EU, regulatory standards on eID and e-signatures are implemented to ensure that, when adhering to said standards, the issues raised in the DocuSign case are not applicable.
Three types of e-signatures that are categorized by the eIDAS regulation are classified as:. As a result of the eIDAS standards and regulation, users must be positively identified and certified as being the individual they claim to be before they can issue an e-signature above the simple electronic signature level. Advanced and qualified electronic signatures cannot be dismissed as evidence in court within the EU. With the most stringent identification and security audit requirements, QES also has the same legal value in court as a handwritten signature.
Whether or not this will affect how the US courts accept e-signatures remains to be seen. In order to enable digitalization of such attorney documents, a new US act is needed to define advanced and qualified signatures, with handwritten equivalence for qualified ones.
Related Divine Signatures: The Confirming Hand of God
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