1-Hour Program

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Overview

Savvy businesses increasingly consider using electronic signatures for sensitive, high-risk online transactions.  Although Federal and State laws (E-SIGN and UETA) permit parties to create binding contracts using electronic signatures, these laws hold that such contracts are not enforceable unless certain key requirements are met, including attribution, integrity, and proper recordkeeping.  Because it can be difficult – at times extremely difficult – to prove with traditional methods that these requirements have been met, relying on electronic signatures has presented risk.  For online mass market transactions, which generally present low risk on a customer-by-customer basis, businesses have been willing to rely on a standard “I accept” checkbox to act as a legally binding signature.  Business have generally been reluctant, however, to rely on electronic signatures for more sensitive, high risk online contracts.   

Technology is now available to address these impediments.  Digital signatures, a subset of electronic signatures, are designed to create binding electronic signatures that efficiently meet E-SIGN and UETA requirements, and meet these requirements specifically in high-risk online transactions.  Please join Reggie Davis of DocuSign Inc. and Ieuan Mahony of Holland & Knight LLP for a One Hour Briefing on electronic signatures and their enforceability, with particular focus on high-risk online transactions.  They will discuss: 

  • the distinction between electronic signatures and digital signatures;
  • the proof required to demonstrate an enforceable digital signature and associated contract including: (i) attribution of the digital signature to the breaching party, (ii) integrity of the contract terms sought to be enforced, and (iii) chain of title and proper recordkeeping to demonstrate attribution and integrity;
  • digital transaction management concerns and techniques in light of these requirements; and
  • the pros and cons of using newly available technology to meet these requirements in high-risk online transactions.

Credit Details