Yes! Electronic Signatures are 100% legally binding* in nearly every jurisdiction around the globe, including the U.S. and E.U.
Furthermore, electronic signatures are actually MORE difficult to forge than a traditional ink signature, because of the digital “fingerprinting” left at time of signature.
For all paying accounts, expert witnesses are available for court appearance or deposition in the highly unlikely event enforcement assistance is needed.
Each e-Signature done on the Swift Signature platform also carries an audit trail, and optional SwiftCloud-account security requirements.
For some exciting reading, we encourage you to review specific laws for your area, such as…
- United States: ESIGN Act of 2000, UETA (Uniform Electronic Transactions) Act
- European Union: Electronic Signatures Directive of 1999 & 1993
- Various other countries
UPDATED: Country-specifics list started:
Practically speaking, enforcement for most civil contracts requires a subscriber’s willingness to sue and take the matter to court. For our part, we are frankly looking forward to making a few examples of anyone attacking the status and legal authenticity of the signatures, and have a lot to gain (both publicity as well as direct financial damages) by proving this matter.
To aid in enforcement, we have available both expert witnesses and attorneys, and in addition have substantial safeguards in place not visible to even the paying subscribers.
Our audit trail fingerprinting includes optional bank-grade security (256 bit SSL encryption), optional military grade PGP encryption, IP Address and IP geolocation, browser fingerprinting, optional variable-level login tracking, cookie tracking in addition to the client’s / subscriber’s legally binding “constructive agreement” meta-data, all of which are far beyond a wet ink signature.
Swift Signature technology is currently in use by the United States government Drug Enforcement Agency (“DEA”), banks, payroll companies, and others.
* NOTE there are specific exemptions in some jurisdictions, and any information contained herein is not legal advice; we formally advise you to seek legal counsel for your jurisdiction from a professional duly licensed and authorized to provide such counsel. In the United States, for example, E-SIGN does not permit electronic notification for notices of default, acceleration, repossession, foreclosure, eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a person’s primary residence. These notices require paper notification. The law also requires paper notification to cancel or terminate life insurance. Thus, System institutions cannot use electronic notification to deliver some notices that must be provided under part 617, subparts A, D, E, and G of this chapter. In addition, E-SIGN does not apply to the writing or signature requirements imposed under the Uniform Commercial Code, other than sections 1-107 and 1-206 and Articles 2 and 2A.