Why Faxes Are Legally Binding but Email Isn't

Article overview:

The Importance of Legally Binding Fax

More and more organisations are seeking to upgrade their technology and ditch old-fashioned practices, such as the use of physical fax machines.

Fax machines, however, enable a number of important processes to continue, and that includes the transmission of legally binding documents that are admissible in a court of law.

This functionality cannot be lost.

Why Email Isn’t Legally Binding

Email seems like the obvious solution to your problems, but email documents are rarely admissible in court. For a document to be legally binding, it must be able to be authenticated to 100% accuracy. Email cannot offer this because it is vulnerable to:

• Fraudulent activity
• Interception
• Manipulation
• Hacking

Online faxing allows you to continue communicating with physical fax machines while taking advantage of all the benefits that come with it. You do not need:

• New hardware or installation of equipment
• To change contact details or fax numbers
• To take downtime during the upgrade
• To pay excessive costs for document sharing

Files sent over email are also bounced between servers, which does not provide reliable transmission timescales, dates or assurances that all information has been received.

How Online Cloud-Faxing Keeps Transmission Legal

eFax online cloud-faxing services enable organisations to continue sending legally binding documentation, even over a digital platform. But how can online faxing do this when email cannot? eFax services enable transmission of legal files thanks to:

• Verified high-grade encryption
• All fax documents being time-stamped and dated with absolute accuracy
• Its ability to send original files that feature legally binding e-signatures signed through touchscreen technology
• The software’s functionality, which allows physical, already-signed documents to be captured using cameras and transmitted through secure online channels.

Does your organisation or business need to send legally binding documents but doesn’t want to rely on physical fax machines anymore? Sign up to eFax today! Try our services without charge, totally risk free. No contracts, no commitments, but comprehensive access.

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Fax vs Email: The Problem With Email

So, why fax instead of email? One of the main problems with email is that it finds itself becoming increasingly vulnerable to interception, hacking and fraudulent activity. It is surprisingly easy for unauthorised personal to gain access to a company’s email accounts, which can have disastrous consequences, potentially resulting in legal action.

Using sophisticated software, criminals can hack into an email account by accessing login details and passwords. Using this information, they can read private correspondences, delete valuable data or even send fraudulent emails. The recent Sony Pictures email hacking scandal, served as a stark reminder that no organisation, regardless of their size or perceived security level, is fully exempt from a cyber attack.

Traditional faxing machines certainly make it difficult for messages to be hacked, but businesses can enjoy an even greater level of security when they choose cloud faxing – a much more secure and cost-effective technology.

One of the main advantages of cloud faxing is that service providers, like eFax, automatically encrypt all fax messages during and after transmission. At eFax, transmissions are encrypted with SSL (Secure Sockets Layer) and TLS (Transport Layer Security) protocols, which means documents are always 100% protected.

With online faxing services, a delivery receipt is always sent to the sender upon delivery confirmation. They are also always marked with a time and date stamp, which displays the exact hour it was sent. While this may seem like a somewhat minor detail, in the judiciary system this receipt is proof positive that a document was sent and received at a certain time. This type of the irrefutable evidence is invaluable to a legal team when putting their case together.

Is a faxed signature legally binding?

As mentioned previously, the authenticity of evidence is often called into question during legal proceedings. Thanks to advances in technology, attachments and messages sent via email can be doctored relatively easily. However, documents sent by fax are a lot harder to manipulated, meaning their credibility, especially when they contain a signature, is almost always guaranteed.

Under contract law, signatures are needed to confirm an agreement between two parties. In business, contracts are often agreed upon and signed by parties in two different locations. To get a legally binding “wet ink” signature, fax is often used to send documents from one party to another.

A faxed signature is legally recognised as valid and is often used to confirm or approve many business and financial deals. If a contractual agreement is broken, and there is a denial that any agreement took place, a fax of the original signed document is deemed to be sufficient evidence in court.

A common misconception is that only an “original” signature is submissible in court. However, when it comes to faxed documents, this is not the case. If your business currently relies on traditional technology, now is the perfect time to make the switch to cloud faxing – the modern way to fax.

A common misconception is that only an “original” signature is submissible in court. However, when it comes to faxed documents, this is not the case. If your business currently relies on traditional technology, now is the perfect time to make the switch to cloud faxing – the modern way to fax.

What is Cloud Faxing?

Cloud faxing enables your business to enjoy the reliability and security of fax, with the convenience of email. And when you sign up to a service provider, like eFax, your company can instantly enjoy an encrypted and speedy service.

With eFax, you’ll never have to use your legacy machine again. Instead, all of your fax messages are sent securely via email. Watch as your office’s productivity is increased, while your bottom line costs decrease.

You can now wave goodbye to paper jams and signal delays. Instead, watch as faxes are sent instantly from desktop – all the while enjoying the same level of security that we associate with traditional faxing.

If you’re interested in learning how internet faxing can help your business, why not call or email us today to learn about eFax’s competitively priced plans?

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