U.S. ESIGN Act and European Directive Legal Compliance
The U.S. ESIGN Act,
as well as the European Community Framework for Electronic Signature Directive 1999/93/EC,
allows you to legally sign most any business document, form or application online. We also implemented XAdES-BES to comply with the EU technical specification
ETSI TS 101 903 v1.4.1 XML Advanced Electronic Signatures.
To comply with its provisions, you must do the following:
- Provide consumer disclosures regarding the legality of electronic signatures, hardware and software requirements,
signing alternatives, and if any fees apply
(Read the FTC Consumer Consent Provision)
- Authenticate the party to match your business risk tolerance and needs
- Present the completed document for review (the user may also enter data on the form before reviewing)
- Have the party take willful action to indicate their desire to sign the document
- Ensure that the agreed upon document has not been changed once signed
- Provide all parties an independent, legal original for their own records
Yozons offers all if its products as a hosted solution (SaaS)
or licensed to run on your computer in your data center or office (on-premise),
or managed for you (SaaS) in our secure SSAE 16 Type II SOC 1 (and ISAE 3402) data centers located throughout the country.
Not every document can be legally signed electronically
Please note that electronic signatures are not legal for the exceptions specified in the E-Sign Act Section 103, though none of these apply to human resources:
- (a)(1) a statute, regulation, or other rule of law governing the creation and execution of wills, codicils, or testamentary trusts;
- (a)(2) a State statute, regulation, or other rule of law governing adoption, divorce, or other matters of family law;
- (a)(3) the Uniform Commercial Code, as in effect in any State, other than sections 1-107 and 1-206 and Articles 2 and 2A.
- (b)(1) court orders or notices, or official court documents (including briefs, pleadings, and other writings) required to be executed in connection with court proceedings;
- (b)(2)(A) notice of cancellation or termination of utility services (including water, heat and power);
- (b)(2)(B) notice of default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual;
- (b)(2)(C) notice of the cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities);
- (b)(2)(D) notice of recall of a product, or material failure of a product, that risks endangering health or safety;
- (b)(3) any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.