There are several laws, acts, regulations, and rules regarding Online Waiver Electronic Signatures. Many of these have common elements.
Both parties intended to sign the Online Electronic Waiver or Online Electronic Form.
Both parties have consented to do business electronically.
The information within the signed document must be available to all parties involved.
The signed document must be accurately stored for future use or review.
The Office of Management and Budget (OMB) provided this guidance to implement the Government Paperwork Elimination Act (GPEA). GPEA required Federal agencies, by October 21, 2003, to allow individuals or entities that deal with the agencies the option to submit information or transact with the agency electronically, when practicable, and to maintain records electronically, when practicable. The Act specifically states that electronic records and their related electronic signatures are not to be denied legal effect, validity, or enforceability merely because they are in electronic form, and encourages Federal government use of a range of electronic signature alternatives.
It provides guidelines allowing electronic documents to replace paper documents.
It provide guidelines regarding electronic means of storing documents and electronic signatures.
WebWaiver creates an electronic record for each online form or waiver submitted and stores that record by electronic means.
All WebWaiver online forms and online waivers are versioned and specific versioning data is stored with the elctronic record when submitted.
Each submitted WebWaiver online form or online waiver is stored completely and individually, including the document static content, any party provided inputs, and any party provided electronic signatures.
WebWaiver always requires a minimum of one type of Electronic Signature for each online waiver or form submitted. The Electronic Signature is logically associated with the record stored by electronic means.
All WebWaiver submitted online waivers and online forms are available to the account holder to provide to all parties.
WebWaiver provides all parties with a standard procedure to find and provide online waivers and online forms to all parties.