Legal considerations

The Docusign Remote Recipient process flow has been designed to comply with the federal Electronic Signatures in Global and National Commerce Act (ESIGN) and the model form of the Uniform Electronic Transaction Act (UETA). Most of the elements of the signing process such as authentication, disclosure, and document delivery are performed within the Docusign environment when executing the standard Remote Signing process. However, the Docusign Embedded signing process provides the Client the flexibility for performing, within the Client’s environment, certain authentication and signing process steps typically performed within the Docusign environment. Accordingly, while Docusign will work with the Client to recommend an overall business process for electronic signatures, Docusign does not assume responsibility or liability for the steps taken outside of the Docusign Environment and the effect such steps could have on the enforceability of electronic records signed electronically utilizing an Embedded signing process. Additional provisions dealing with an allocation of risk in the Embedded signing process are contained in the relevant sections of the Docusign Terms of Use for the Embedded process.