ESIGN Compliance Does Not Guarantee Legal Enforceability: Silanis

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A recent Webcast and in-depth article by Silanis Technology underscore the need for organizations to build the strongest possible legal evidence into their electronic signature solutions. Consult these two resources at http://www.silanis.com to learn more.

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Will Your Electronic Records Stand up in Court?

Leading e-signature provider Silanis Technology today cautioned organizations implementing the technology that, while a simple "I Agree" button may meet the requirements of the Electronic Signatures in Global and National Commerce Act (ESIGN), organizations automating mission-critical, high-value or high-risk processes should consider a more robust solution.

"ESIGN and UETA are helpful, but they're not the whole story," said Margo Tank, partner, Buckley Kolar LLP, and co-host of January 30's joint Silanis/Buckley Kolar Webcast, entitled Evidence Requirements for Electronic Signatures & Records.

Reviewing e-signature case law, Ms. Tank demonstrated that proof of the procedures and safeguards surrounding an electronic transaction is as crucial to enforcing them in court (or avoiding court altogether) as proof of the signature itself.

"We need to think about the whole transaction, which can consist of many documents, or have multiple signers," said Michael Laurie, Silanis vice-president and co-founder, who joined Ms. Tank in hosting the much-requested event.

"There are also issues around capturing intent, authentication and the effect of various laws."

With examples of court cases involving e-signatures and e-records, such as Lorraine v. Markel American Insurance Company, 2007 WL 1300739 (DMd May 4, 2007) and Person v. Google Inc., 2006 WL 2884444 (S.D.N.Y. Oct. 11, 2006), the Webcast recording provides an overview of the best practices on authentication, e-records and e-transactions, concluding with how to present various forms of transaction evidence to a judge.

This highly informative Webcast echoes the basic requirements for withstanding legal scrutiny outlined in a recent Silanis article, entitled "Will Your Electronic Records Stand up in Court?"

A must-read for anyone considering e-signatures, the article explains electronic records' value and the requirements for signer authentication, proof of intent to sign, transaction security and reliable records retention. Please click here to view the full document.

For more information, Silanis also offers a comprehensive E-Signature Resource Center at http://www.silanis.com

About Silanis
Founded in 1992, Silanis Technology Inc. is the largest and most experienced provider of electronic signature solutions. More than 1,400 government and commercial organizations, representing two million users, depend on the company's solutions to accelerate operations, improve service and reduce costs.

Silanis solutions not only eliminate the inefficiencies of paper; they provide reliable and auditable business records needed to demonstrate compliance with applicable laws, standards, regulations and policies.

*UETA -- Uniform Electronic Transactions Act

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Mary Ellen Power
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