DocuSign's Law Enforcement Guidelines
DocuSign is committed to operating its business with the utmost integrity and highest ethical standards. The purpose of the following information is to provide operational guidance regarding DocuSign’s methods for responding to third-party requests for information. These guidelines are generally applicable to both law enforcement and governmental inquiries and requests.
Before seeking information from DocuSign, you first should consider directly approaching the DocuSign customer because the customer initiated the transaction with you via the DocuSign services. Parties to the transaction will have access to the contents and any information about the transaction (by logging in through DocuSign’s website) facilitated via the DocuSign services.
If you are unsuccessful in your attempt to contact the customer directly and you properly serve DocuSign as provided in these guidelines, DocuSign will respond to your request for information. Depending on the DocuSign service and type of account at issue, DocuSign may have basic subscriber information (i.e. customer name, email address, means and source of payment) and metadata related to transactions.
With respect to the DocuSign Signature service, DocuSign encrypts the contents of documents that are stored on its systems and is therefore unable to search the contents of documents or produce a decrypted or plaintext version. Requests for information from DocuSign Signature must identify the envelope or account at issue with particularity (i.e. by providing the Envelope ID and/or the email address of the account holder).
In DocuSign Signature, parties to the transaction will also have access to the Certificate of Completion and/or History (Audit Trail) for a given envelope. For more information and examples of these records, please visit https://support.docusign.com/guides/ndse-user-guide-history-coc.
SERVICE AND FORM OF LEGAL PROCESS
DocuSign may disclose information pursuant to an emergency disclosure request when it has a good faith belief that an emergency involving danger of death or serious physical injury requires disclosure without delay.
DocuSign accepts service of process via its registered agent, Corporation Service Company, located at 300 Deschutes Way SW Suite 304, Tumwater, WA 98501. Acceptance of legal process at DocuSign’s offices or by any other means is for convenience only and does not waive any objections, including lack of jurisdiction or proper service.
DocuSign will comply with preservation requests from governmental entities in accordance with 18 U.S.C. § 2703(f). DocuSign will preserve responsive records (to the extent any exist) for a period of 90 days, which may be extended for an additional 90 days upon request by the governmental entity.
NOTICE TO CUSTOMERS
DocuSign has a policy of providing notice to affected customers regarding legal process requesting information about their accounts. In accordance with this policy, DocuSign may notify the account administrator(s) assigned by the customer prior to disclosure of information, unless prohibited by law or at DocuSign’s discretion, if exceptional circumstances indicate that notice would be counterproductive. In limited circumstances, DocuSign may be required to notify government regulators of the legal process, unless prohibited by law. Law enforcement officials who believe that notice to affected customers would jeopardize an investigation should obtain a non-disclosure order pursuant to 18 U.S.C. § 2705(b) or other appropriate mechanism that prohibits DocuSign from providing notice to its customers.
DocuSign does not provide expert testimony support. DocuSign records are self-authenticating pursuant to law and should not require the testimony of a records custodian. If a special form of certification is required, attach it to your subpoena or other legal process.
DocuSign may seek reimbursement for costs incurred responding to requests for information as provided by law. DocuSign may also charge additional fees for costs incurred in responding to unusual or burdensome requests. DocuSign may waive these fees at its sole discretion.
Last Updated Date: October 31, 2018