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FAQs

• What is an electronic signature?

  An electronic signature is a catch-all term for any electronic process that indicates acceptance of an agreement or a record. The Electronic Transactions Act of 1999 (Cth) (“ETA”) ESIGN Act specifically sets out requirements for valid electronic signature, consent, and retention of documents for the purposes of Australian Commonwealth law. Generally, these signing, consent, and retention requirements apply when dealing with Commonwealth government bodies or when transacting under certain Commonwealth legislation. Because of the federal nature of Australia, the States and Territories also have their own electronic signature laws (“Local ETA”), which largely follow the ETA, but include different exemptions and limitations. The relevant Local ETA will govern any documents being submitted to the State/Territory government and their instrumentalities.

  Electronic signatures have been used for electronically signing offer letters, sales contracts, permission slips, rental/lease agreements, liability waivers, financial documents, etc. They are legally enforceable in most business and personal transactions worldwide. Learn more in our eSignature Legality Guide.

• What is a digital signature?

  A digital signature is a type of electronic signature generated via a digital certificate. A digital signature helps securely associate a signer with a specific document. Digital signatures form a digital ‘fingerprint’ and can be used to validate signer identity and demonstrate that the signed document has not been tampered with.

• What’s the difference between an electronic signature and a digital signature?

  The terms ‘electronic signature’ and ‘digital signature’ are often conflated. For the vast majority of agreements and records, an electronic signature is sufficient. A digital signature is a subset of an electronic signature that adds another layer of security to a signed document. A digital signature is supported with a digital certificate and uses Public Key Infrastructure (PKI), which adds proof of signer identity and enhanced security to a legally enforceable signature.

• Are esignatures legally enforceable?

  Yes, esignatures are legally recognised around the world. In Australia, the ESIGN Act specifically sets out requirements for valid electronic signature, consent, and retention of documents for the purposes of Australian Commonwealth law. Generally, these signing, consent, and retention requirements apply when dealing with Commonwealth government bodies or when transacting under certain Commonwealth legislation. Because of the federal nature of Australia, the States and Territories also have their own electronic signature laws (“Local ETA”), which largely follow the ETA, but include different exemptions and limitations. The relevant Local ETA will govern any documents being submitted to the State/Territory government and their instrumentalities. Many foreign jurisdictions also recognise the legal effect and admissibility of electronic records. An electronic signature, like those supported by DocuSign eSignature, is typically all that is needed to create a legally enforceable document. There are laws that demand certain requirements for esignatures to be deemed legally enforceable. Using a safe, secure service like eSignature can help you meet these requirements.

  Read more about the legality of electronic signatures.

• What types of documents can be signed electronically?

  The majority of commonplace agreements and forms can be signed electronically. Examples of documents that may be signed electronically include NDAs, purchase orders, vendor agreements, insurance claims and hiring contracts.

• How do recipients sign documents with Docusign eSignature?

  With Docusign eSignature, signing is always free. Recipients click a link to open the agreement on a device of their choice, such as a mobile phone, tablet or computer. Tabs and simple instructions guide the user through the signing process, even adopting an electronic signature. The recipient clicks Finish to save the signed document.

• What document formats does Docusign eSignature support?

  With Docusign eSignature, you can upload documents in formats such as Microsoft Word, PDF or other common formats. You can upload documents from your computer or popular file-sharing sites like Box, Dropbox, Google Drive and OneDrive.