Mark:

I’m not a lawyer but I did look into this heavily about a year back.  It seems 
to be a grey area in the law without a lot of test cases.  If you talk to a 
lawyer most will want the signature.  But lots of major companies are using a 
checkbox as a signature, as long as only a verified user can be on that page.  
We ended going with the user typing in their name and this was a major website 
that collected federal hiring related documents for many of the biggest fast 
food chains.

My personal opinion is that it would hold up in court, unless perhaps the 
defendant hired a really good lawyer and they hired a software company to pick 
the code apart looking for any security holes.

For a consulting agreement, I would think a checkbox would be more than 
sufficient.

Cheers,

Shane

 

From: [email protected] [mailto:[email protected]] On Behalf Of 
Mark Davis
Sent: Wednesday, February 18, 2015 11:36 AM
To: [email protected]
Subject: [houcfug] electronically signed documents

 

We have a process in our workflow whereby our users are sent a Consulting 
Agreement (usually Word or PDF) and they have to print it, sign it , scan it 
and send it back to us via email.  This sets the terms for the type of 
consulting they will be doing for us. Its not an employment contract though.  
Its time consuming and clumsy, but thankfully isn't something we have to do 10 
times a day.

 

A discussion came up about electronic signatures.   We have a portal area where 
users have to log in (so we know who they are).  Could we present the document 
and have a simple checkbox saying "I agree to this" and that suffices?  That 
would be similar to agreeing to a terms of service on a website.

 

Or, to be more legally binding, does the "signing" need to be more elaborate?  
Appreciate any assistance

 

Mark

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