It ensures that both parties are fully aware of their rights and responsibilities when signing a document electronically. Think of it as the terms and conditions section of your favorite app—important, though often overlooked.

Electronic signature disclosure, or eSign disclosure, is a statement provided to users when they agree to sign a document electronically. This statement acts as a safeguard for consumer protection in electronic communications, outlining rights and prompting affirmative consent through eSignature.

For instance, when you open a new account with a bank or financial institution and they ask for your eSignature, they must also provide you with a consumer disclosure. This disclosure details your rights, such as the ability to receive a copy of the transaction record in non-electronic form, access to your records in the future, and the right to withdraw consent if necessary.

In the United States, electronic signatures are governed by the Electronic Signatures in Global and National Commerce Act (ESign Act), which was enacted in June 2000. This law standardizes the collection, authentication, and enforcement of electronic signatures, ensuring their validity in legal proceedings.

Under the ESign Act, companies must adhere to specific disclosure requirements to ensure compliance and transparency. These include providing a clear and conspicuous statement of the rights and responsibilities surrounding electronic signatures, as well as obtaining consent from all parties involved.

The ESign Act isn’t a one-size-fits-all solution. Certain documents, such as divorce decrees and adoption paperwork, are exempt from its provisions. Additionally, individual states may have their own legislation governing electronic transactions, like the Uniform Electronic Transactions Act (UETA). Be sure to check with your compliance team to ensure you follow the correct process for your state or industry.

It is important to note that this eSignature service is facilitated on behalf of the "Signature Requestor" (which can be an entity including its affiliates and subsidiaries) who are reaching out to you seeking your electronic signatures. Sometimes, the law requires them to send you official notices or disclosures. With DocuChain, the "Signature Requestor" can send these notices or disclosures electronically. By clicking on "Submit" during the signature process, you confirm your agreement to receive these notices, disclosures, and documents electronically, and to use your electronic signature to complete the process online.

When you engage in electronic transactions with the Signature Requestor, you agree to complete the signature process, including receiving and signing documents digitally.

While electronic transactions offer convenience, you may still prefer traditional paper documents. If so, you can request the Signature Requestor to send you paper copies of agreements, notices, and other documents. You also have the option to download and print any documents sent to you via DocuChain.

If you are not ready to proceed with the electronic transaction, you need to immediately withdraw your consent by notifying the Signature Requestor.

Your consent to electronic transactions extends to all related and identified documents provided over the course of your relationship with the Signature Requestor. However, you have the freedom to withdraw consent to conducting business electronically at any point.

If you prefer to:

Please contact the Signature Requestor and let them know of your preference.

Any documents signed prior to withdrawing consent will remain valid. If you choose to proceed with electronic transactions after withdrawing consent, you will be consenting to receive documents, notices, agreements, etc., electronically once again.

Understanding Electronic Signature Disclosure is essential for navigating the digital landscape with confidence, knowing your rights. With DocuChain, you can trust that your electronic signatures and related transactions with your Signature Requestor are secure and compliant.