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#2254467 - 05/26/21 09:55 PM ESIGN hardware and software requirements
BSAguy Offline
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Joined: Aug 2007
Posts: 277
Kansas
If I've overlooked another post with this question I apologize. We are looking at revising our ESIGN consent disclosure. For the requirement of hardware and software requirements, we provide a link to a page on a website that lists the requirements. Does providing a link satisfy the requirement to provide a statement?

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eBanking / Technology
#2254471 - 05/27/21 12:19 PM Re: ESIGN hardware and software requirements BSAguy
Richard Insley Offline
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Richard Insley
Joined: Oct 2000
Posts: 9,982
Toano, VA
ESIGN's rule is, indeed, to provide a statement of the (minimum) hardware and software requirements. The wording of ESIGN was meant to be loose and flexible, and "provide" is a lower standard than "deliver." ESIGN doesn't define "provide", so we must turn to Webster -- where we find the definition "to supply or make available." I'd be very comfortable arguing that a hyperlink is an excellent way to make information available. Even if the consumer proceeds without clicking the link, the required information was available.

My only caution is to capture and retain all the pages needed to reconstruct and defend your consent handshake. ESIGN doesn't require retention of anything, but if you find yourself in court or under criticism by regulators, you'll need to show how you complied with ESIGN's pre-consent disclosure requirements.
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#2254490 - 05/27/21 02:46 PM Re: ESIGN hardware and software requirements BSAguy
BSAguy Offline
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Joined: Aug 2007
Posts: 277
Kansas
Thank you Richard.

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