Lesson 6: Signature Process
Checklist items 5 through 7 are grouped under the Signature Process and represent CROMERR requirements that this process must satisfy.
Select each item under the Signature Process to learn more.
- 5. Binding of Signatures to Document Content
CROMERR requires that all electronic signatures be bound to the document content. This means that the system must provide a way to ensure that the document content is, in effect, locked, so that it can not be subject to undetectable changes once the signature is executed.
- 6. Opportunity to Review Document Content
CROMERR also requires that the signature process provide the signers with the opportunity to review the content of the document they are signing.
- 7. Opportunity to Review Certification Statements and Warnings
Along with the opportunity to review document content, CROMERR also requires that signers have the opportunity to review certification statements—including any applicable warnings of criminal penalties for false certifications—before asking them to execute their electronic signatures.
Review the Regulation Language: § 3.2000(b)(5)(ii)
(b) An electronic document receiving system that receives electronic documents submitted in lieu of paper documents to satisfy requirements under an authorized program must be able to generate data with respect to any such electronic document, as needed and in a timely manner, including a copy of record for the electronic document, sufficient to prove, in private litigation, civil enforcement proceedings, and criminal proceedings, that... (5) In the case of an electronic document that must bear electronic signatures of individuals as provided under paragraph (a)(2) of this section, that: (ii) The electronic document cannot be altered without detection at any time after being signed
Regulation Language: § 3.2000(b)(5)(iii)
(b) An electronic document receiving system that receives electronic documents submitted in lieu of paper documents to satisfy requirements under an authorized program must be able to generate data with respect to any such electronic document, as needed and in a timely manner, including a copy of record for the electronic document, sufficient to prove, in private litigation, civil enforcement proceedings, and criminal proceedings, that... (5) In the case of an electronic document that must bear electronic signatures of individuals as provided under paragraph (a)(2) of this section, that... (iii) Each signatory had the opportunity to review in a human-readable format the content of the electronic document that he or she was certifying to, attesting to or agreeing to by signing
Regulation Language:§ 3.2000(b)(5)(iv)
(b) An electronic document receiving system that receives electronic documents submitted in lieu of paper documents to satisfy requirements under an authorized program must be able to generate data with respect to any such electronic document, as needed and in a timely manner, including a copy of record for the electronic document, sufficient to prove, in private litigation, civil enforcement proceedings, and criminal proceedings, that... (5) In the case of an electronic document that must bear electronic signatures of individuals as provided under paragraph (a)(2) of this section, that... (iv) Each signatory had the opportunity, at the time of signing, to review the content or meaning of the required certification statement, including any applicable provisions that false certification carries criminal penalties
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