What Is a Digital Signature?

What is a digital signature?

A digital signature is the output of a cryptographic transformation of data that, when properly implemented, gives a way to verify where the data came from, that it is intact, and that the signer cannot deny signing it.¹

What is an electronic signature?

An electronic signature is an electronic sound, symbol or process that is attached to or logically linked with a contract or other record and that a person carries out or adopts intending to sign that record.²

Is an electronic signature legally valid?

For any transaction in or affecting interstate or foreign commerce, a signature, contract or other record related to it cannot be denied legal effect, validity or enforceability just because it is electronic.³

What must a consumer agree to first?

Electronic records can replace information a law requires to be given to a consumer in writing only if the consumer has affirmatively consented and has not withdrawn that consent. Before consenting, the consumer must get a clear and conspicuous statement covering: any right to paper or nonelectronic records; the right to withdraw consent and any conditions, consequences or fees of withdrawing; whether the consent covers only that transaction or identified categories of records; how to withdraw and how to update electronic contact information; and how to request a paper copy and whether there is a fee. The consumer must also be told the hardware and software requirements. Finally, the consumer must consent, or confirm consent, electronically in a way that reasonably shows they can access the information in that electronic form.⁴

Which documents does the federal law leave out?

The rules do not apply to records governed by laws on: wills, codicils or testamentary trusts; state family law such as adoption and divorce; or the Uniform Commercial Code, except sections 1-107 and 1-206 and Articles 2 and 2A. They also do not apply to: court orders, notices or official court documents required in court proceedings; notices of utility shutoffs; notices of default, acceleration, repossession, foreclosure, eviction or the right to cure on a credit or rental agreement for a person's primary residence; notices cancelling health or life insurance benefits (excluding annuities); notices of product recalls or material failures that risk health or safety; and documents required to accompany hazardous, toxic or dangerous materials or pesticides in transport or handling.⁵

Can a notarization be electronic?

For a transaction in or affecting interstate or foreign commerce, a requirement to notarize, acknowledge, verify or swear to a signature or record is met when the authorized officer's electronic signature, plus any other information the law requires, is attached to or logically linked with that signature or record.⁶

How does electronic signing work on Notriv?

• Electronic signing on Notriv is a subscription: $30 a month or $100 a year.
• New subscribers get a 7-day free trial.
• E-signing is not sold per document; it comes with the subscription.
• The subscription has no monthly limit on signatures.
• The subscription also includes 10 secure shares a month and 5 GB of storage.
• You can place signature, initials, date, text, checkbox and dropdown fields on the document.
• You can ask signers to sign in a set order; a signer whose turn has not come is asked to wait.
• A signing link expires 30 days after it is sent.
• Each signer agrees to sign electronically before signing, and the agreement is recorded with its time, IP address and browser.
• Opening the document, filling each field, sending, reminders and voiding are logged with the IP address and browser.
• When everyone has signed, each party is emailed the final signed PDF.

Start signing.

Upload the document on Notriv to sign it or send it for signature.