August 30, 2017
Tim Osborn, of Osborn Law, wrote recently in the Newcastle Herald about
a court case that highlights the risks in relying on scanned signatures as a
form of signing. It's a reminder that if you need to sign, then you should sign
with a tamper proof digital signature that is unique to you and your document. Nothing
else is worth the risk.
In the case in question, an electronic image of the signature
was readily accessible on the corporate network. The court held that documents
signed by simply pasting the image into a document, were not legally binding. It
was not possible to demonstrate that the owner of the signature had personally
applied their signature to the document or given their explicit consent to do
so. The result was a loss of business and a costly court case. It could have
all been avoided by using a digital signature service such as Secured Signing.
Signing a document using Secured Signing is as a simple click to
sign process that differs from scanned signatures in a number of really
The first is that Secured Signing gives you an automated log of
every action performed in the signing process. This is one of the key pieces of
advice Mr Osborn gives in his article. Good quality record keeping is
invaluable in demonstrating that a signed document is evidence of a legally
binding agreement. Secured Signing completely automates the logging of every
action so your people don't have to waste their time, keeping manual records of
who did what and when.
The second is validating the identity of your signer. A key
problem in the case referenced is that it could not be demonstrated that the
person who applied the signature to the document was the owner of the
signature. Secured Signing creates unique credentials for each person who will
sign your document that only they can access. Adding video confirmation to
your signing process captures a brief video recording of the person signing
your document, to give you a signed document that cannot be reasonably
The final thing I'll mention is the inherent authenticity and
reliability of PKI based digital signatures. A digital signature is much more than a graphical
representation of a person's signature. It provides sophisticated methods to
seal the signed document from tampering and creates an irrevocable, unforgeable
and no transferrable link between the signer and the document.
As you know, inviting people to sign your documents with Secured
Signing is quick, simple, inexpensive and reduces your risk. Share with your
friends and colleagues that they too can enjoy the benefits Secured Signing,
help us spread the word and they can be signing documents online today with one
of our Freeway evaluation accounts.
‘til next time
August 8, 2017
seems obvious but it bears repeating. Being absolutely clear on who is signing
your document, not only makes good business sense, it is also a compliance
requirement for many industries. Adding video confirmation to Secured Signing's
usual signing process ensures there can be no doubt about who signed your
if your business is not subject to anti money laundering and counter terrorism
financing (AML/CTF) legislation, robust customer due diligence practices will
give you a competitive advantage, limit your exposure to the risk of loss and
protect your business from damage to its reputation. It's also just plain good
sense. If there is ever a dispute, being able to simply and clearly demonstrate
who signed your document will ensure you are best placed to recover monies owed
or the return of equipment hired or leased.
is not just banks and other lenders that need to comply with the customer due
diligence requirements of AML/CTF legislation. A recent mutual evaluation of
Australia's AML/CTF frameworks gave an overall pass mark, but highlighted key
areas of concern. Research by AUSTRAC, the Australian government's financial
intelligence agency, indicates the outcomes around customer due diligence (CDD)
vary from very high confidence to closer to 50% confidence in customer
identity. This is an area that needs to improve as AUSTRAC rightly identifies
that knowing your customer is "the cornerstone of an effective AML/CTF
regime." It is not surprising that regulatory reform proposals recommend
both more explicit CDD requirements and the application of CDD requirements to
a broader range of industries.
Signing's video confirmation capability is a simple yet powerful tool to
demonstrate you know exactly who is signing your documents.
expect to be able to transact business with you online. Inviting your customers
to sign documents online with Secured Signing gives you the capability to meet
this expectation of customer convenience while enjoying the security,
authenticity and reliability that only tamper proof digital signatures can
provide. Adding a video confirmation
to your online signing process gives you complete confidence you know who you
are dealing with and in particular who signed your agreement.
you ask customers to use video confirmation in the signing process, they are
prompted to record a short video before they sign the document. The whole
process takes no more than 10 seconds. The video records a specific gesture
which is recorded in the Secured Signing document log and the video's secure
location is appended to the document and sealed with the PKI digital signature,
ensuring the details cannot be modified without invalidating the signature.
your non face to face transactions don't give you this degree of confidence in
knowing who your customer is, it is time to closely evaluate the benefits
Secured Signing can give you. The best first step is to open a free
evaluation account and try video confirmation of signing yourself.
Secured Signing's website provides a lot more detail on how video
confirmation works to deliver unquestionable confirmation of signer's identity.
As always, if you have specific questions, please get in touch and someone will
contact you personally.