The following is a quick summary of key information you may wish to provide to your clients.
Feel free to copy and modify this information to suit your needs.
What is a DocuSign electronic signature?
A typically signature is a handwritten (and often stylised) depiction of someone’s name, nickname, or even a simple “X” that a person writes on documents as a proof of identity and intent. The key aspects being ‘identity’ and ‘intent’.
An electronic signature has many definitions, including a digital copy of a handwritten image, however the following factors are commonly included when defining an electronic signature:
Confirms the identity of the person
Indicates the person’s intent
Cannot be changed once applied
Importantly, an electronic signature does not need to look like an individual’s handwritten signature.
Is DocuSign legal?
Yes. In Australia the use of electronic signatures is covered by Section 10 of the Electronic Transactions Act 1999. Where there is a requirement under law for a signature to be provided, this requirement is met when:
A method is used to identify the person
There is confirmation of the person’s intention regarding the information (i.e. they cannot accidentally or unintentionally sign something)
The method used is reliable and appropriate in the situation
The method used can be proven (either by itself of with other evidence) to meet the first two requirements above
The method used is acceptable for the person or entity to whom the signature is required to be given
Laws have been changed in July 2020 to permanent enable SMSF financial statements to be signed electronically and also the ATO has confirmed they accept electronically signed SMSF annual tax returns (more here).
DocuSign meets or exceeds all of the above requirements.
Security
DocuSign meets or exceeds national and international security standards, including strict security policies and practices that set the standard for world-class information security.
Each electronic signature is unique, documentable, encrypted, and tamper-evident. DocuSign ensures the confidentiality of all transactions and maintains a comprehensive audit trail of signing events.
DocuSign provides full document encryption to ensure the privacy of your data.
Many of the world’s most stringent organisations, such as financial services, insurance, and healthcare companies, use DocuSign’s advanced authentication methods to validate the identity of all transacting parties.
Docusign’s hashing algorithm verifies that documents have not been modified, and our PKI digital certificate technology secures documents and signatures with tamper-evident seals.