What is the legal effect of an electronic acknowledgement?

Electronic acknowledgements are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and reliable retention are satisfied.

Who needs to sign the policy?

Authorized approvers (executive-level signatories), all covered employees, and any third-party agents who perform referral activities should sign or acknowledge the policy in writing.

Is notarization or witness required?

Most internal policies do not require notarization or witnesses. Check state-specific rules when a policy creates contractual rights or is used as evidence in court.

How do I revoke or change the policy?

Amendments should be made in writing, approved by the same authority that approved the original policy, and redistributed with acknowledgements recorded and retained.

What happens if an employee violates the policy?

Violations may trigger internal discipline, required remediation, and potential regulatory reporting depending on the industry and severity of the conduct.

How long must signed acknowledgements be retained?

Retain signed acknowledgements per applicable rules: at least 3 years for tax relevance (IRC §6501(a)), 6 years for HIPAA records (45 CFR §164.530(j)), and longer if state law or litigation requires.

Electronic Signature
Templates
Miscellaneous
Business Anti-Steering Policy

Business Anti-Steering Policy

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

BUSINESS ANTI-STEERING POLICY

This Business Anti-Steering Policy (the Policy) is made effective as of / / between the parties identified below.

Party A (Company): Party A Address: Party A Primary Contact: Party B (Service Provider / Referral Partner): Party B Address: Party B Primary Contact:

WHEREAS

WHEREAS, Party A is engaged in the business of procuring customers and making referrals for products and services and desires to preserve the integrity of customer choice and the bona fide terms under which referrals are made; and

WHEREAS, Party B provides services to clients and may receive referrals, commissions, or other compensation related to such referrals; and

WHEREAS, the parties desire to establish an enforceable anti-steering policy that prohibits practices which would inappropriately direct clients away from competitive options or obscure material terms affecting client choice.

SCOPE OF WORK

Party B shall perform referral and client intake activities consistent with this Policy and in accordance with the scope described below. Party B shall not take any action that has the purpose or effect of steering a client to or away from any product, service provider, or pricing arrangement in violation of the terms below.

ANTI-STEERING OBLIGATIONS

1. Definitions. For purposes of this Policy, "steering" means any act or practice by which a party or its representative intentionally influences a client's selection of a product, service, provider, or pricing arrangement through omission, misrepresentation, incentive structure, or other conduct that prevents a fully informed, independent decision by the client.

2. Prohibition. Party B shall not offer or communicate any undisclosed financial incentive, fee-splitting arrangement, or materially misleading statement that would induce a client to select a particular provider or product contrary to the client's free and informed choice. All material compensation arrangements that could reasonably affect client choice shall be disclosed in writing to Party A and to the client at the time of referral.

3. Exceptions. The parties may agree in writing to narrow, specific exceptions to the anti-steering prohibition for bona fide joint marketing programs or co-branded offerings. Any such exception must be documented and attached as an addendum to this Policy before its effective date.

Permitted Exceptions (brief description):

PAYMENT TERMS

If any referral fees, commissions, or other compensation are payable in connection with referrals under this Policy, such amounts, schedule and conditions shall be set forth below. All payments must be fully disclosed to the client when required by applicable law or by this Policy.

Referral Fee / Compensation Amount: Payment Schedule / Conditions: Late Fee (if payment overdue):

TERM AND TERMINATION

This Policy shall commence on the Start Date below and continue until the End Date below, unless earlier terminated in accordance with the terms set forth herein.

Start Date: End Date:

Notice Period for Termination:

Either party may terminate this Policy for material breach by the other party if such breach is not cured within the notice period specified above following written notice.

CONFIDENTIALITY

Each party shall maintain in confidence all non-public information disclosed by the other party in connection with this Policy (Confidential Information). Confidential Information shall not include information that is or becomes public other than through a breach of this Policy, or that is required to be disclosed by law. The parties agree that Confidential Information may be used only to fulfill obligations under this Policy.

Confidentiality Period:

REPORTING, AUDIT AND COMPLIANCE

Party B shall maintain accurate records related to referrals and compensation and shall provide periodic reports to Party A in the manner and frequency set forth below. Party A reserves the right to audit records relating to compliance with this Policy upon reasonable prior notice during normal business hours.

Reporting Frequency: Reporting Contact Name: Reporting Contact Phone/Email:

REMEDIES; INDEMNITY

Breach of the anti-steering obligations shall entitle the non-breaching party to injunctive relief, recovery of direct damages, and reimbursement of reasonable attorneys' fees and costs incurred in enforcing this Policy. Each party shall indemnify and hold harmless the other from and against any third-party claims arising from the indemnifying party's breach of this Policy.

GOVERNING LAW

This Policy shall be governed by and construed in accordance with the laws of the state specified below without regard to conflict of law principles.

Governing Law State:

ENTIRE AGREEMENT

This Policy contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements, written or oral, relating to the same. Any modification of this Policy must be in writing and signed by authorized representatives of both parties.

ACKNOWLEDGMENT

By checking below, each party represents that the individual completing this form has the authority to bind the party and that the party agrees to comply with the terms of this Policy.

Party A acknowledges and agrees to the terms of this Business Anti-Steering Policy.

Party B acknowledges and agrees to the terms of this Business Anti-Steering Policy.

Party A Printed Name:

By:

Date:

Party B Printed Name:

By:

Date:

What a Business Anti-Steering Policy Is and Why It Exists

A Business Anti-Steering Policy is an internal compliance document that defines rules preventing employees, contractors, or representatives from steering customers, clients, or referrals toward a particular vendor, service provider, or product in exchange for improper incentives. It clarifies permitted communications, disclosure obligations, acceptable incentives, escalation paths for suspected steering, and required documentation. The policy helps organizations manage regulatory risk, preserve client choice, and maintain transparent procurement and referral practices across sales, procurement, and client-services functions.

Why the Policy Matters for Compliance and Trust

A clear Business Anti-Steering Policy reduces regulatory exposure, supports ethical sales practices, and documents controls for auditors and regulators. It helps preserve customer choice, prevents conflicts of interest, and provides a defensible record of training, disclosures, and corrective actions under applicable law.

Who Typically Implements and Follows This Policy

The policy is used by legal, compliance, sales leadership, HR, and operations teams to set and enforce rules across client-facing roles.

Compliance and legal teams responsible for regulatory oversight and policy enforcement.
Sales managers and account teams who interact with customers and propose third-party services.
HR and training teams that deliver acknowledgement and tracking of employee understanding.

It also serves as a reference for employees, external agents, and auditors to confirm acceptable referral and incentive practices.

Core Elements to Include in a Professional Policy

A robust Business Anti-Steering Policy combines clear definitions, prohibited actions, authorized exceptions, disclosure and documentation rules, reporting processes, and training and audit requirements.

Definitions

Define 'steering', 'incentive', 'referral', 'conflict of interest', and which roles are covered; keep terms concise and unambiguous.

Prohibited Conduct

List specific behaviors that are forbidden, such as directing customers to vendors in exchange for kickbacks, offering undisclosed referrals, or manipulating comparison data.

Permitted Exceptions

Describe narrow exceptions (e.g., pre-approved vendor lists, bona fide volume discounts) and the approval workflow required for exceptions.

Disclosure Rules

Require employees to disclose material relationships, compensation, or incentives to customers and in internal records before any referral.

Reporting & Investigation

Provide a designated reporting channel, investigation timelines, confidentiality protections, and disciplinary framework for violations.

Training & Audits

Specify mandatory training frequency, acknowledgement tracking, and periodic audits to verify compliance and update the policy.

Required Information and Key Fields to Capture

Policy Title: Business Anti-Steering Policy

Effective Date: MM/DD/YYYY

Scope: Covered roles and departments

Prohibitions: Defined prohibited behaviors

Reporting Contact: Compliance officer or hotline

Approval Signatures: Authorized signatories and dates

Step-by-Step: Complete and Adopt the Policy

Follow these sequential steps to finalize, approve, and roll out the Business Anti-Steering Policy across the organization.

01

Draft Policy: Populate template fields and attach supporting guidance.
02

Legal Review: Have counsel review for sector-specific laws and citations.
03

Leadership Approval: Obtain signatures from required executives.
04

Distribute & Train: Publish to staff and record acknowledgements.

How to Configure the Policy Online for Digital Delivery

Set up an online workflow to distribute, collect acknowledgements, and retain signed policy records using a compliant e-signature platform.

Setting	Configuration
E-signature Provider	Choose a vendor supporting ESIGN/UETA and required compliance add-ons.
Authentication Level	Select email, SMS OTP, or stronger MFA for signer verification.
Template Fields	Lock required fields, add conditional fields for role-specific clauses.
Retention Policy	Enable automated retention and export of signed PDFs and audit trails.

Where to Send Completed Policies and How Records Are Routed

Identify primary recipients and retention locations so signed agreements are discoverable for audits and investigations.

HR Records: Store employee acknowledgements in HR system.
Compliance Repository: Retain master signed copies and audit logs.
Legal Counsel: Provide copies for regulatory review when requested.
Local Office: Keep a backup copy per regional rules.

Technical Requirements for Digital Signing and Retrieval

Choose platform features that support legal admissibility, secure storage, and searchable audit trails.

File Formats: PDF and PDF/A output
Integrations: Salesforce, NetSuite, Google Workspace
Authentication: Email, SMS OTP, or SSO

Key Timelines, Deadlines, and Processing Expectations

Establish clear deadlines for review, acknowledgement, and periodic reassessment to ensure the policy remains current and enforceable.

Effective Date:

When the policy takes legal effect; use MM/DD/YYYY.

Acknowledgement Deadline:

Employees typically return signed acknowledgement within 14 days.

Training Frequency:

Annual training with records retained for compliance audits.

Policy Review:

Formal review at least once per year or after material changes.

Investigation Timelines:

Complete internal inquiries within 30–90 days where feasible.

Common Mistakes to Avoid

Using vague language about prohibited incentives that leaves room for inconsistent enforcement or interpretation.
Failing to require written acknowledgement from covered employees, which weakens audit trails and accountability.
Not aligning the policy with industry-specific statutes (for example, RESPA in real estate or Anti‑Kickback rules in healthcare).
Keeping only paper records without searchable electronic copies and audit trails for timely regulator responses.

Potential Penalties and Risks of Noncompliance

Regulatory Fines: Civil penalties and administrative sanctions

Contract Liability: Breach claims and damages exposure

Tax Consequences: Withholding or reporting obligations

HIPAA Risk: Sanctions for improper patient steering disclosures

Reputational Harm: Loss of consumer trust

Invalidated Actions: Contracts or referrals may be undone

Pricing and Feature Comparison for eSignature Providers

Comparison of common vendor entry prices and key capabilities relevant to distributing and retaining Business Anti-Steering Policy acknowledgements; signNow is listed first as the baseline option.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Business Premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA available)	Yes	Yes	No	No

Frequently Asked Questions About Business Anti-Steering Policies

Answers to common implementation and legal questions about drafting, signing, and enforcing an Anti-Steering Policy.

Need help? Contact support

What is the legal effect of an electronic acknowledgement?
Electronic acknowledgements are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and reliable retention are satisfied.
Who needs to sign the policy?
Authorized approvers (executive-level signatories), all covered employees, and any third-party agents who perform referral activities should sign or acknowledge the policy in writing.
Is notarization or witness required?
Most internal policies do not require notarization or witnesses. Check state-specific rules when a policy creates contractual rights or is used as evidence in court.
How do I revoke or change the policy?
Amendments should be made in writing, approved by the same authority that approved the original policy, and redistributed with acknowledgements recorded and retained.
What happens if an employee violates the policy?
Violations may trigger internal discipline, required remediation, and potential regulatory reporting depending on the industry and severity of the conduct.
How long must signed acknowledgements be retained?
Retain signed acknowledgements per applicable rules: at least 3 years for tax relevance (IRC §6501(a)), 6 years for HIPAA records (45 CFR §164.530(j)), and longer if state law or litigation requires.

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