Electronic Record Retention: Signed Documents

What is electronic record retention?

Electronic record retention is the controlled keeping of electronic information for an identified purpose and period. For signed agreements, that includes preserving a usable document and the evidence needed to understand its signing history.

How long must signed records be kept?

There is no universal retention period for every signed agreement. Applicable law, document type, contractual duties and litigation-preservation obligations can affect the decision. A service’s storage availability is not itself a legal retention schedule.

For covered US records, the ESIGN Act’s retention provision, 15 USC 7001(d), addresses electronic retention that accurately reflects the information, remains accessible to entitled people for the required period and can be accurately reproduced. It does not impose a blanket seven-year period for all electronic contracts.

Storage, archiving and PDF/A

Storage keeps files available; a preservation process also addresses future readability, integrity and associated evidence. The Library of Congress description of PDF/A identifies a PDF family designed for long-term preservation. PDF/A conformance is not proof that a digital signature is valid, that an archive is legally qualified or that every retention duty is met.

Converting or flattening a signed PDF can affect its technical evidence. Preserve the original signed file, its completion report and relevant signing records; treat a converted access copy as a distinct version.

Deletion and the electronic original

An “electronic original” is not established solely by a filename or format label. Keep the version and provenance required for the record’s purpose. Review deletion against applicable duties, including any preservation hold.

Deleting one account’s copy does not necessarily remove recipients’ copies, exports or retained service records. Set responsibilities for those locations, and protect access for as long as the record is properly retained.