Compliance

Electronic Signatures in Global and National Commerce Act ("ESIGN")

The ESIGN act requires that:

"A signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and"
"A contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation."

If the validity of the electronic signature is in question, the initiating party must be able to:

Prove that the signatory intended to sign the document.
Link the signature to the signatory (which can be done through many methods).
Prove that the signature is attached to and associated with the record/document being signed.
Have the signer retain a copy of the record signed.
Preserve the record in such a way that it maintains its original signed state and keeps the integrity of it.

We are compliant with the United States of America ESIGN act.

Uniform Electronic Transactions Act ("UETA")

At least 49 states have adopted the UETA. This act was passed in 1999, predating the ESIGN act which was passed in 2000. Both UETA and ESIGN acts affirm that they may only apply to certain transactions and when the parties agree to conduct the transaction electronically. They both require intent to sign and consent to conduct business electronically and "can be any electronic sound, symbol, or process that is associated with a record or contract". We are compliant with the United States of America UETA act.

Electronic Identification, Authentication and Trust Services ("eIDAS")

Is an EU regulation that governs how electronic identification and trust services are used for electronic transactions. There are many levels to this regulation and we are compliant with the first level.

1. SES (Simple Electronic Signatures)

To be SES compliant the initiating party must:

Prove that the signatory intended to sign the record/document.
Attach a visual signature to the record/document.

Tamper Proofing

Download Securely signs all documents with a cryptographic signature. All content at the time of completion when the last party signs is signed using a cryptographic key which seals and allows for verification that the record/document has not been altered or tampered with after all parties have signed. This cryptographic signature is embedded within the completed record.

HIPPA Compliance

Download Securely will sign BAA's with users that need to remain HIPPA compliant. Our servers are hosted on HIPPA compliant and industry standard architecture. All data is encrypted in transit and at rest. It is the responsiblity of the user to be vigilant that they do not use any feature within Download Securely that would make them noncompliant. This may include but is not limited to sending content in emails generated by our system or turning on settings that would include and generate attachments within emails with documents/records that should not be transmitted via email.

DISCLAIMER:

The information provided on this page is not legal advice and is intended to be for informational purposes only. Legality may vary depending on jurisdiction, document/record type, and local laws and regulations. If you are unsure if whether or not the document that needs to be signed can be done electronically, please consult with a licensed attorney in your residing area. It is the responsibility of the user to check if the document can be legally electronically signed and to verify if we are in compliance with the type of document laws and regulations required for it.