Looking at my own experiences and speaking with some of you makes it seem that there are two types of people working on deploying electronic signatures in companies. One type is the techie – this is the person that can tell you ten different ways to detect alterations to an electronic record and why anybody that doesn’t get that an electronic document is just a record is just stupid. This person is ready to start coding – and he may never produce a system that is usable and delivers legally binding signatures.
The other type is the cautious manager – this individual believes the existing paper or hybrid edoc/paper processes work fine and knows at least five reasons that the project is too risky, it is too expensive and should be killed or endlessly postponed until it sinks from view.
Yet everyone agrees that as more business and personal interaction moves into cyberspace the need exists and will be serviced. Growth of online purchases continues to outpace brick and mortar in the US. More and more the government is accepting electronic documents to streamline operations and comply with various regulations.
At some point everyone will need to concede that there are ways to make electronic documents far more secure than signed paper documents, and that they are different than paper documents! It is all about the process that is followed. Care must be taken to insure that individuals are aware of the transactions that they are engaged in and that their personal data is properly protected. Ultimately there will be a rich history of civil cases, law firm Buckley Kolar presents an extracted summary at the ESRA conference here citing some of the legal groundwork that is forming. But how long will you wait for this to occur? Waiting too long insures that your business will be left behind.
You just need to get your techies to use their wizardry to match the legal requirements – they are pretty clear. An overview is even available on the implementing esignatures page on this blog. The process for creating a legally binding signature and responsibly managing electronic documents is not that complicated, you just need to follow it.
Maybe the question is not can you afford to proceed ahead with esignatures, but can you afford not to? Businesses are gaining real savings in $, time and customer satisfaction with electronic document flow and electronic transactions – are you one of these businesses or are they your competitors?
Posted by Mike Ambrose 
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