Vickie,

VA Code 59.1-485. Legal recognition of electronic records, electronic signatures, and electronic contracts may be of help. It says:

(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.

(d) If a law requires a signature, or provides for certain consequences in the absence of a signature, an electronic signature satisfies the law.

I think the only hang up would be establishing what qualifies as an acceptable electronic signature (i.e., /s/; /s; etc…) We are currently looking into this issue as well. Generically, any symbol used with the intent it represent the users signature is supposed to be sufficient.

I will be interested to see what others respond with reference to your question.

Caren

First Sergeant Caren M. Sterling

Virginia State Police-Internal Affairs Section

Office (804) 674-2782

Cell (804) 699-0094

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From: Virginia Records Officers' Listserv [mailto:[log in to unmask]] On Behalf Of Nash, Vickie (DHP)
Sent: Thursday, March 03, 2016 11:44 AM
To: [log in to unmask]
Subject: FW: digital signatures

You are receiving this e-mail as a subscriber to the Virginia Records Officer Listserv (VA-ROL). # #

Does anyone have experience with the legality of digital signatures particularly related to subpoenas and other legal documents?

Thank you.

Vickie S. Nash, ERMp

Operations Manager, Business Planning and Research

Department of Health Professions

9960 Mayland Drive, Suite 300

Henrico, Virginia 23233

Office-(804)-367-4671

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