Frequently Asked Questions
Q: What is an electronic signature?
A: Like its paper equivalent, an electronic signature is a legal concept. Its purpose is to capture the intent of the signer to be bound by the terms and conditions in a contract. E-Signature software is designed to facilitate signature capture online, while also creating a process that results in a legally enforceable agreement.
Q: What is the difference between an electronic signature and a digital signature?
A: The term “e-signature” is often confused with “digital signature”. An e-signature is a legal concept, resulting in an enforceable online process. Digital signature refers to the encryption technology used in a number of security, e-business and e-commerce applications, including e-signatures. In short, we use the best of both technologies and provide you an ELECTRONIC signature application that is built on DIGITAL signature security.
Q: Are electronic signatures secure?
A: Yes. Security is always top-of-mind when organizations begin signing online with customers, partners and suppliers. e-SignLive provides three levels of security: User authentication: e-SignLive offers multiple ways to verify the signer’s identity, in GSA we use Single Sign On (SSO) and Multi Factor Authentication (MFA) services. In the future we will also support for CAC/PIV smartcards, and more. Document authentication: Once a document is signed with e-SignLive, it is locked down with a digital signature (essentially a tamper-proof seal). Unlike paper-based contracts and signatures that require careful attention to detail and that rely on the human eye for verification, e-signed contracts based on digital signatures can automatically flag any errors or alterations. So any attempt to alter the document’s contents will render it invalid. Plus, it is not possible to copy and paste a signature since e-SignLive also secures the signature blocks with a digital signature. Audit trails: e-SignLive captures all the digital fingerprints that people leave as they go through a signing process. These are captured in two types of audit trails: a documentaudit trail (what the signer signed) and a process audit trail (how the signer signed).
Q: Are e-signatures legal in the U.S.?
A: Yes. Today, more than 10 years after the passing of the ESIGN Act, there is no longer any question about whether electronic signatures are legal. Federal and state law gives electronic signatures the same legal status as handwritten signatures. Forty-seven states, the District of Columbia, Puerto Rico, and the Virgin Islands have adopted the Uniform Electronic Transactions Act (UETA). Additionally, the Electronic Signatures in Global and National Commerce Act (ESIGN), a federal law, provides that electronic signatures are legally enforceable for intrastate commerce and within those states that have not adopted UETA. Per the Electronic Signatures in Global and National Commerce Act, signatures, contracts and other records may not be denied legal effect, validity, or enforceability solely because they are in electronic format. There are no specific prohibition against using electronic signatures for leases - so long as we have an IT solution that can comply with all the requirements for signing them (i.e., initial each page, etc).
Q: How do I start using DSS for my initiatives?
A: Contact dssteam@gsa.gov for details.