Is a DocuSign Signature a “Digital Signature”?

No. DocuSign lets you create an electronic signature, which is not the same as a digital signature.

An electronic signature, as defined by the Federal ESIGN Act, is an “electronic sound, symbol or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record” (ESIGN). All 50 states have laws that define electronic signatures in substantially the same way.

Whereas, a digital signature or digital signature scheme is a mathematical scheme for determining the source of a digital message or document. A digital signature by definition is a technology, a method of authenticating. It does not by itself meet the standards of what constitutes a valid electronic signature, nor does it mean that the signer’s identity has been verified.  Digital signatures are most often used to apply a digital “seal” to an electronic document in order to make it tamper-evident.  In fact, DocuSign uses digital signatures in this way; DocuSign customers and signers have the option to apply a digital signature to a DocuSigned document when the transaction is complete.

So when you need to get a legally-binding signature, make sure you’re using a complete electronic signature solution.