Apart from the E-Sign, there is further protection in the form of the UETA or United Electronic Transaction Act which has been adapted into 47 state laws. If you are thinking about the states which haven’t done so, it’s probably a moot point as these states have their own version of the law. The UETA focuses on what is ‘an electronic record’, a proof of the document ownership. This record holds the key to the electronic tracing of authenticity. So as long as you can produce this record, you can use this document as proof in the court of law. It’s really simple, as you just need to ensure that your document creation and management software has a high level of encryption that prevents altering the digital record.
So does this bring the lawyer we mentioned earlier closer to waving his tablet to the jury without a worry? Well perhaps, it really depends on the lawyer and how good his document management software is. Because, these laws help the electronic document be considered ‘an equal’ of the traditional document, and both could be tampered with. So, in any case, you should probably look at options to ensure that your evidence is admissible on the big day in court. Fortunately for you, this is easier to do with the digital documents, and you could do it just by consulting an Electronic Document Management Software or EDMS consultant.