Are electronic signatures acceptable for waivers and releases?
Electronic signatures are generally acceptable for waivers and releases. It is helpful for the waiver or release to provide in the text that electronic signature is a valid method of signing.
Are electronic signatures acceptable for other kinds of contracts or documents?
Electronic signatures are generally acceptable for business contracts, consumer agreements, employment documents, and other governmental filings.
Are electronic signatures acceptable for forms that require signatures to be notarized?
Electronic signatures may be acceptable on forms that require notarization, but many of the same notarization rules would still apply. The signer must appear before the notary public, the notary public must positively identify the signer, and the signer must electronically sign the document in the notary’s presence. It is recommended that you continue the practice of using an original signature on a paper record when it requires a notary’s signature.
Would an email acknowledgement work as a signature?
An email acknowledgement can function as a signature; however, if either law or long established policy/tradition requires an actual signature then an electronic signature is preferable to an emailed acknowledgement. It is also good practice from a recordkeeping standpoint for a signature to be found on the document that is being signed.
Is there a level of electronic authentication that is recommended? For example, if electronic signatures are disputed, what is the expectation by the courts for us to prove that individual did “sign” a form or agree to some stipulation in a contract.
Wis. Stat. § 137.11(8) defines “electronic signature” as “an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.” A communication meeting that criteria and conveying the individual’s intent to sign would suffice for an electronic signature.
It is recommended that an approach be used that clearly signals an electronic signature. This can be accomplished by using an electronic signing service such as Docusign, drawing an electronic signature onto a document, using a stylized font to indicate your signature as distinct from your typed name, or using a convention such as “/s/ Jane Doe” to indicate the intent that the writing serve as an electronic signature.
Please communicate with UWSA or university legal counsel if you have further questions regarding electronic signatures.