Electronic Signature Guidelines

Purpose

July 2020 Update

1. Effective June 11,2020, SB 6028 chapter 57 replaces RCW 19.360.010-060 (2015) and adopts the Uniform Electronic Transactions Act (UETA). UETA has been adopted by 47 other states.
2. Under SB 6028, sec.17 & 18, agencies may still adopt policies or rules on their use or acceptance of electronic signatures but they are no longer required to publicly publish policies or send them to the OCIO.
3. The Washington State Attorney General's office is currently reviewing the legislation. This analysis will guide any future OCIO policies, standards, or guidelines around e-signatures if necessary.

The current Electronic Signatures Guideline document was developed pursuant to the former RCW 19.360.010-060 (2015), which has now been repealed. However,

• The functional mechanics and principles for executing and proving eSignatures under the new Washington UETA (SB 6028) are the same as under former RCW 19.360, therefore the existing guidelines are generally still applicable.
• The guidelines were developed in partnership with representatives from fourteen Washington state agencies. They are intended to be used to help state agencies:
  1. Make risk-based decisions regarding electronic signatures and electronic records;
  2. Determine to what extent they may implement and rely on electronic signatures; and
  3. Establish policies or rules governing their use and acceptance.

PLEASE NOTE:

• In the near future, the existing guideline document will be updated to version 1.1 with minor changes to remove references to the repealed statute and to include any additional guidance from the State Attorney General's Office.
• Disregard references in the document that direct agencies to publish or share their policies with the Office of the Chief Information Officer (OCIO). This is no longer required under the new Washington UETA (SB 6028).