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Digital Signature - How binding is it?

lpacini
Registered: Mar 13 2009
Posts: 29
Answered

I am obviously not asking for a legal opinion, but an experiental one!! How binding is a digital signature on a PDF form? Is it as binding as a pen and ink signature on a paper form without witnesses?

Thanks!!

Lauren

UVSAR
Expert
Registered: Oct 29 2008
Posts: 1357
Realistically it depends on the way it's used and where. In some jurisdictions digital signatures are treated exactly the same as handwritten ones (some European countries use them on a national level to sign online tax returns, etc.) but many countries/courts/companies haven't gotten round to forming a policy on them, and still have their T&Cs worded to expect an in-person handwritten signature. One of the problems actually comes in obliquely when the T&Cs insist on someone submitting the "original copy" of the signed form - a concept which doesn't exist in an electronic workflow.If the party issuing the form permits digital signing, then the digital signature will be binding in the context of the form - but if the party expects you to print the thing out, sign it and mail it back, they may not even understand what a digital signature means!
lpacini
Registered: Mar 13 2009
Posts: 29
Thank you so much. That is helpful.

Lauren