Are you relying on Docusign as proof of a signature? You shouldn’t be. When the World Wide Web launched in 1993, it changed the world. An entirely new domain was opened to the public and we began to see a shift from commerce to “e-commerce,” mail to “e-mail,” book to “e-book,” and sports to “e-sports.”  Then, about ten years after the emergence of the internet, Docusign, a company that wanted to “centralize and simplify agreement processes” ushered in an era that saw a shift from the traditional “wet-signature” to the “e-signature.” However, unlike traditional wet signatures that can be notarized and guaranteed by bonding requirements and adherence to local laws, e-signatures have yet to receive the same surety. This then begs the question: “Where’s the proof that the person who electronically signed a document using Docusign is the person who was intended to sign?”

In its marketing, Docusign proudly states that “the data captured along with an electronic signature provides more concrete evidence around the authenticity of someone’s signature, and thereby their obligations under a contract, making it easier to meet the burden of proof.” However, anyone with user and password credentials that can access a computer can Docusign. So where is the proof that the person who was intended to sign the document actually signed it and how do we really know “who” authorized the signature by Docusign? Well, there is no proof and we don’t know who authorized the signature. Although, Docusign touts that federal and state laws have affirmed the legality of electronic signatures, these laws only provide that electronic signatures carry the same legal weight as a “wet signature.” Just like someone has to prove that he/she actually signed a “wet signature,” Docusign has to prove that the person using Docusign was the “right person.” Put another way, there is no law that gives any affirmative nod or presumption as to the veracity of an electronic signature.

Our take on Docusign: until and unless Docusign gives affirmative bond or surety upon parties that are relying upon their services, it may be safer to insist upon wet signatures, notaries, and copies of driver’s licenses.