G2 Crowd User in Information Technology and Services

eSignature vs. Digital Signature

almost 2 years ago

Are digital and electronic signatures legal in the US and Canada?

Vendor Responses

Response by Signority

over 1 year ago

In a word: yes! The key with any signature is showing intent and approval of the document’s contents. Signority’s signatures are a completely legal way to sign electronic documents given that it can permanently mark an electronic document with your signature. In terms of the legality in the US and Canada, read on:

In Canada

The Canadian government recognizes electronic signatures. It is up to each individual to exercise free-will when deciding whether to use them or not. The law will recognize these signatures as being valid unless a given law states otherwise.

The key with any signature is to show that you intended to make this signature. Therefore, Signority provides a legal medium to sign electronic documents given that it can permanently mark an electronic document with your signature.

In Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA) must be consulted for further requirements as to specific types of documents, such as affidavits or government documents. Generally, however, Part II of PIPEDA takes care not to prohibit electronic signatures and gives a broad definition of how one can legally sign electronically. Some provinces have equally legislated in the area of electronic signatures, such as Ontario’s Electronic Commerce Act, which recognizes that electronic signatures fulfill any legal requirements for signing general documents.

In the United States

In the United-States, the Electronic Signatures in Global and National Commerce Act (E-Sign Act) was inspired by the neutral approach favored by the UN Model Law on Electronic Commerce. The E-Sign Act generally allows for electronic signatures and prohibits the States from imposing restrictions on the technology used to sign electronically.

Any user of Signority can rest assured that electronic signatures are generally accepted in North America and globally wherever the UN Model Laws have had an influence.

It is recommended, however, to seek legal advice on signing certain types of official documents (ie. government documents) given that legislation and legal requirements are constantly changing.