What are the legal implications of using electronic signatures in business transactions?

In Washington, electronic signatures are legally binding in business transactions. This means that a contract or agreement signed electronically carries the same legal weight as an agreement with a handwritten signature. The Washington Electronic Authentication Act defines electronic signatures as any electronic sound, symbol, or process attached to or associated with an electronic record and executed or adopted by a person with the intent to sign the record. This includes clicking a checkbox to accept a document, typing your name into a signature box on an online form, or using an electronic pen to write your signature on a tablet. While electronic signatures are legal and enforceable, there are some implications to consider. Consumers should be aware that there are potential risks associated with sending their signature electronically, such as the potential for fraud or identity theft. It’s important to make sure that the platform used to store and transmit the signature is secure. Businesses must also ensure that they have the right to access information related to a digital signature, such as the identity of the signer. In summary, electronic signatures can be used in business transactions in Washington, but it’s important to understand the risks and implications associated with using them. Choosing a secure platform, having the right to access signature records, and taking other precautions can help protect businesses and consumers from potential fraud.

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