|Clarissa Martin, Research and Information Consultant for the California and Nevada Credit Union Leagues|
DIGEST LOOKS AT 'ESIGN' COMPLIANCE
updated 05/10/13 10:54 AM
Expert Provides Useful Tips
What steps do credit unions need to follow for members to receive documents electronically under the Electronic Signatures in Global and National Commerce (ESIGN) Act?
The ESIGN Act established the legitimacy of signing contracts and documents online. These electronic signatures and records have the same legal validity and enforceability as paper records and handwritten signatures.
Under ESIGN, consumers must affirmatively consent to receive records in electronic form. Prior to consenting, consumers must be provided with a clear and conspicuous statement of rights regarding the transaction, as well as a statement of hardware and software requirements for access and retention of electronic records.
Once disclosure requirements are met, a consumer must consent electronically, or confirm his or her electronic consent, in order to demonstrate he or she can access information in the electronic form used by parties to conduct the transaction.
Click here to continue reading, and discover six steps to complying with ESIGN within the latest Asked & Answered column on page 18 in the April/May edition of Credit Union Digest!