Building an Effective Electronic Signature Policy - American Society of Employers - Linda Olejniczak

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Building an Effective Electronic Signature Policy

As digital workflows become the norm across corporate America, electronic signatures have moved from a convenience to a necessity. From onboarding paperwork to vendor contracts and internal approvals, e-signatures streamline operations, reduce administrative overhead, and accelerate decision-making. Yet many companies still rely on ad-hoc processes or outdated assumptions about legal validity. For employers looking to modernize while staying compliant, establishing a clear and well-structured electronic signature policy is essential.

Electronic signatures are legally recognized in the United States under the ESIGN Act and the Uniform Electronic Transactions Act (UETA). However, legal validity depends on how employers implement and manage the process. A formal policy helps organizations ensure that signatures are collected consistently, securely, and in line with regulatory requirements. It also reduces risk in contract disputes by demonstrating clear intent, consent, and proper record-keeping.

Beyond compliance, a defined policy improves efficiency. Employees know which systems to use, what documents qualify for e-signing, and how to handle exceptions. This prevents bottlenecks and eliminates reliance on paper-based procedures that slow down business operations.

A strong electronic signature policy should include several core components:

  1. Scope and Applicability
    Employers should identify which documents may be signed electronically, such as contracts, NDAs, HR forms, financial approvals. Some high-risk documents or those governed by specific industry regulations may require handwritten signatures.
  2. Authorized Platforms
    To maintain security and audit integrity, employers should designate approved tools such as DocuSign, Adobe Sign, or an internal secure platform. These systems should provide authentication, time-stamped audit trails, and reliable document retention.
  3. Signer Identity and Consent
    The policy should outline how organizations verify signer identity and obtain consent to transact electronically. Simple steps such as requiring employees or external parties to affirm their intent strengthen enforceability.
  4. Record Retention and Security
    Signed documents must be stored in accordance with company retention schedules and data-privacy requirements. Secure, centralized storage ensures documents can be reproduced if legally challenged.
  5. Exceptions and Opt-Out Procedures
    Employees or external partners may require paper signatures in certain cases. A policy should explain how to request and process these exceptions without disrupting workflow.

With clear e-signature guidelines and reliable tools, organizations can streamline operations while maintaining trust, accuracy, and legal integrity.

ASE Connect

ASE Handbook Services: For help adding an electronic signature policy to your employee handbook, please contact Lauren Cromie.

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