Are these three options all legal?
To answer this question, first understand that the Electronic Signatures in Global and National Commerce Act was enacted in the United States on June 20, 2000. Also known as the ESIGN Act, it defines and clarifies electronic signatures as follows:
An electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
A signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form.
Next, ask yourself what is required by your agency or local regulations:
- What type of electronic signature should you use for your document to be enforceable?
- Are you looking to retain an audit trail?
- Would you benefit from additional authentication methods to verify the identity of your signatories?
- Does the chosen solution improve your process and enhance your ability to route documents for signatures?
- Does it deliver a platform for managing the agreements throughout the workflow?
Each agency has different policies in place that may affect the enforceability of an agreement signed under a given signature solution. Additionally, laws and regulations around electronic signatures vary by jurisdiction and use case and the enforceability of an electronic signature may be enhanced by a more robust signature solution.
To keep it simple, think about the 3 I’s:
INTENT
IDENTITY
INTEGRITY
Intent
You (and the signer) agree to work electronically, and agree to accept the terms of the agreement electronically.
Integrity
Assurance and proof that nothing has changed in the document since it was signed, and retention of the final document.
Identity
An audit trail provides record of the parties who have signed the document. Depending on the signature solution used and the choices made by the sender, signatories can be verified via email or by a more robust identity verification method, the details of which will be also be stored in the audit trail.
How do Adobe's different solutions work according to the three I's?
When should I use each of these solutions?
Signatures in Acrobat DC & Acrobat Reader DC
Adobe Acrobat Pro DC, Adobe Acrobat Standard DC, and Reader DC have multiple ways to either add a signature or request signatures from others:
- Fill out a form with the Fill & Sign tool, then sign it yourself or request signatures.
- Sign and certify a document with Certificates.
For an advanced and secure signing solution that enables agencies to tailor the service to meet their specific needs, Adobe Sign is the clear choice. Use within either Acrobat Pro DC or Acrobat Standard DC to either sign yourself or request signatures. Unlike Fill & Sign or use of Certificates, using Adobe Sign for your e-signature needs meets the criteria of the ESIGN Act of 2000.
Adobe Sign
As mentioned above, the three keys to compliance include:
- Intent and consent. Adobe Sign helps you document intent and consent, so you can prove that the signer intended to sign and consented to do business electronically.
- Identity. With Adobe Sign, you can prove signers’ identities by choosing the best signature and authentication options for your needs. This includes email authentication, knowledge based authentication, phone PIN, government ID, digital certificates, cloud signatures, and more.
- Integrity and proof. Adobe Sign provides clear evidence, via an audit trail, for each transaction so you can prove who signed and when it was signed. Copies of executed documents are automatically sent to all parties and certified by Adobe with a tamper-evident seal. The final document can be stored in a repository of your choosing.
Adobe Sign can be configured to comply with certain security standards as well as industry-specific regulations such as HIPAA, FERPA, GLBA, and FDA 21 CFR Part 11.
Adobe Sign delivers unparalleled technology, secure electronic signatures, full audit logs, and helps ensure the integrity of signatures while minimizing the risks inherent in distributing documents across organizations and agencies.
Learn more about using electronic signatures to transform processes at your agency:
Why can’t I just use Fill & Sign?
Fill & Sign meets the criteria of electronic signature but does not meet the criteria of retention and integrity, because there is no audit trail – and consequently, no proof of where it came from and whether it’s been tampered with.
Can I remove the Fill & Sign option from Acrobat or Reader?
Yes. You can use the Acrobat Customization Wizard to remove Fill & Sign.
Is it possible to use Adobe Sign within Acrobat?
Absolutely. Your IT Admin can assign Adobe Sign to your Acrobat login.
Can I create a digital certificate myself in Acrobat?
Yes, you can create a digital certificate for yourself in Acrobat and self-certify. However, that isn't typically recommended as it doesn't meet the certification standards listed above. Learn more here.