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Digital signatures come with encryption standards. Electronic signatures do not come with encryption standards. A digital signature consists of various security features and is less prone to tampering. An electronic signature is less secure and is more vulnerable to tampering.

As outlined by the National Telecommunications Information Administration (NTIA), electronic signatures are not legally valid when signing: Wills and testamentary trusts. State statutes governing divorce, adoption or other family law. Court orders or official court documents.

Litigation Issues. Electronic signatures present unique issues in litigation. For example, an electronic signer can more easily deny that he actually signed the document. And it may be difficult to determine how to lay proper foundation for an electronic signature.

Certain specific documents or transactions cannot be entered into by using an electronic signature: Negotiable instrument such as promissory notes or bills of exchange other than a cheque; Power-of-attorney; Trust deeds; Will and any other testamentary disposition by whatever name called; and.

Unlike ink signatures on a paper document, a digital signature cannot be copied from one document to another and the signature applies to the entire document; changing any element of the document after signing invalidates the signature.

As outlined by the National Telecommunications Information Administration (NTIA), electronic signatures are not legally valid when signing: Wills and testamentary trusts. State statutes governing divorce, adoption or other family law. Court orders or official court documents.

As with a handwritten signature, a signer must show clear intent to sign an agreement electronically. For example, signers can show intention by using a mouse to draw their signature, typing their name, or clicking an ?Accept? button that is clearly labeled. Consent to do business electronically.