Legal Overview

Our Legal Framework

Pactly operates under a comprehensive legal framework designed to ensure compliance with electronic signature laws across multiple jurisdictions. Our platform is built to meet the highest standards of legal validity and enforceability for electronic signatures within our supported scope.

Regulatory Compliance

We maintain compliance with key electronic signature regulations including:

ESIGN Act (United States) - Full compliance with federal electronic signature law
UETA (Uniform Electronic Transactions Act) - State-level compliance across participating U.S. states
Ley 527 (Colombia) - Complete adherence to Colombian electronic signature regulations
eIDAS Regulation (European Union) - Pactly currently supports Simple Electronic Signatures under eIDAS. Advanced and Qualified Electronic Signatures (AdES/QES) are not currently supported.
Electronic Transactions Acts (Canada) - Pactly's compliance reflects provincial frameworks and may vary across provinces. Some jurisdictions (e.g., Quebec) have unique legal requirements.
Marco Civil da Internet (Brazil) - Pactly currently supports basic electronic signatures for transactions covered by the Marco Civil da Internet but does not support digital certificates or ICP-Brasil integration.

Legal Validity Standards

Our electronic signatures meet the legal requirements for validity through:

Authentication

Multi-factor identity verification
Email and SMS confirmation processes
IP address and device tracking

Intent to Sign

Clear consent mechanisms
Explicit signature placement
Document review requirements

Integrity Assurance

SHA-256 cryptographic hashing
Tamper-evident technology
Complete audit trail preservation

Attribution and Legal Capacity

Pactly facilitates attribution through identity verification but does not assess the legal capacity of signers
Users are responsible for ensuring signers have the legal authority to bind their organizations

Audit Trail and Record Retention

All document activity is recorded in immutable, cryptographically chained audit trails
Signed documents are retained for at least 7 years unless subject to legal hold policies
Complete transaction history includes timestamps, IP addresses, and authentication events

Enforceability

Electronic signatures created through Pactly are legally binding and enforceable in court, provided they meet the following criteria:

Proper Implementation - Following our recommended signature workflows and best practices
Jurisdictional Validity - Operating within supported legal frameworks and compliance requirements
Demonstration of Intent and Identity - Clear evidence of signer intent and proper identity verification
Audit Integrity - Maintenance of tamper-evident security measures and complete audit trails
Local Law Compliance - Adherence to applicable local, state, and federal regulations

Enforceability ultimately depends on the specific circumstances of each transaction, the jurisdiction involved, and compliance with applicable legal requirements.

Known Limitations

Pactly currently does not support:

Advanced or Qualified Electronic Signatures under the EU eIDAS Regulation
Electronic notarization or remote online notarization (RON)
Sector-specific compliance requirements (e.g., HIPAA, GLBA, SEC/FINRA)
Use in certain government or public sector systems (e.g., courts, notaries)
Cross-border data transfers without proper safeguards
Documents requiring specialized certificate authority integration
Certain regulated industry documents with enhanced security requirements

User Responsibilities

Users are responsible for:

Ensuring signers have the legal capacity and authority to execute documents
Verifying compliance with applicable laws in their jurisdiction
Maintaining proper document retention and management practices
Understanding limitations of electronic signatures for their specific use case
Consulting qualified legal counsel when dealing with complex transactions
Ensuring proper authentication and verification of signer identities

Data Protection & Privacy

Pactly maintains strict data protection standards:

Compliance with applicable privacy regulations (GDPR, CCPA, LGPD)
End-to-end encryption for all document transmission and storage
Regular security audits and penetration testing
Data processing agreements available for enterprise customers
Transparent privacy practices detailed in our Privacy Policy

Contact Information

For legal questions or compliance inquiries, please contact our legal team at [email protected].

Last updated: January 15, 2025