Following E-Sign, the Office of Management and Budget wrote a memorandum and guidance document. This document will guide Executive Agencies regarding the interpretation and implementation of the E-Sign Act. Basically, it states that if all parties choose to use electronic signatures and records, E-Sign recognizes these methods with the same legal effect as written. As a rule, parties should be able to choose the electronic contracting method they will use. However, in some cases, an agency may want to ensure that consumers or businesses have accessible copies of electronic contracts or disclosures related to certain types of transactions.
Agencies have interpretive authority for developing rules.
Although this provision bars agencies from prescribing specific technologies, it does not bar an agency from adopting a performance standard for a particular technology. Such standards could address such issues as security, record integrity, record or identity authentication, or interoperability of systems. As with many laws, there is an exception to this rule. Under the task order, DST will develop and implement the necessary infrastructure within the EPA and issue digital certificates to individuals at businesses choosing to participate in the program. In addition to DST's commitment to the EPA and the local and state governments, DST has become the nation's leading provider of secure digital identification technology to the government sector.