Is an electronic signature legally binding?

Yes. Electronic signatures are legally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) when the signer demonstrates intent, consents to electronic records, the signature can be attributed to the signer, and the record is retained.

Can a PCI DSS Agreement be signed electronically?

Generally yes, provided parties consent to electronic execution and the e-signature method captures intent and attribution. Check for any state-specific requirements such as New York's ESRA rules before relying on a remote process.

What signer authentication is appropriate?

Use risk-based authentication: email link for low-risk, SMS or multi-factor for moderate risk, and stronger identity proofing for high-risk signers; document the chosen method in the agreement.

What supporting documents should be attached?

Attach scope diagrams, ASV scan reports, penetration test summaries, control evidence, and any QSA findings required to substantiate the attestation and facilitate future audits.

How do parties revoke or amend the agreement?

Follow amendment clauses in the agreement: execute a signed amendment or mutual termination. For electronic agreements, record the amendment with a new signed document and preserve prior versions in the audit trail.

How should executed agreements be stored securely?

Store signed copies and audit trails in encrypted, access-controlled repositories with retention aligned to legal and industry requirements; maintain tamper-evident logs and regular backups.

Electronic Signature
Templates
Miscellaneous
Compliance PCI DSS Agreement

Compliance PCI DSS Agreement

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

Compliance PCI DSS Agreement

This Compliance PCI DSS Agreement ("Agreement") is entered into as of Effective Date: by and between Client Name: ("Client") and Service Provider Name: ("Provider").

WHEREAS

WHEREAS, Provider offers services related to Payment Card Industry Data Security Standard (PCI DSS) compliance including assessment, remediation, and verification of controls applicable to the storage, processing, or transmission of cardholder data; and

WHEREAS, Client desires to engage Provider to perform the services set forth in this Agreement and to rely on Provider's expertise to assist Client in achieving and maintaining PCI DSS compliance; and

WHEREAS, the parties intend to define the scope, responsibilities, fees, confidentiality obligations, and liability allocation related to Provider's performance of PCI DSS compliance services.

Scope of Work

Description of services

Payment Terms

Client shall pay Provider the fees set forth below in consideration of the services delivered under this Agreement. Fees are exclusive of applicable taxes unless otherwise stated.

Total fee (USD) Payment schedule and milestones Invoice due (days after invoice) Late fee

Term and Termination

The term of this Agreement shall commence on Start Date: and shall continue until End Date: unless earlier terminated as provided herein.

Either party may terminate this Agreement for convenience upon written notice delivered at least days prior to the effective termination date. Either party may terminate immediately for material breach that remains uncured for a period of thirty (30) days following written notice, or immediately for events involving unauthorized disclosure of cardholder data or a material security breach.

Confidentiality and Data Protection

"Confidential Information" includes cardholder data, sensitive authentication data, network diagrams, system configurations, vulnerability reports, and other non-public technical or business information disclosed by one party (Discloser) to the other (Recipient) in connection with this Agreement. Recipient shall: (a) use Confidential Information solely for performing its obligations under this Agreement; (b) protect Confidential Information with at least the same degree of care as its own confidential information, but in no event less than reasonable care; and (c) restrict access to those employees, contractors, and agents with a need to know and who are bound by confidentiality obligations no less protective than those in this Agreement.

Duration of confidentiality (years)

PCI DSS Compliance Obligations

Provider represents and warrants that, as of the Effective Date and for the term of this Agreement, Provider will maintain controls and practices reasonably designed to achieve and maintain compliance with applicable PCI DSS requirements to the extent that Provider's environment stores, processes or transmits cardholder data on behalf of Client. Provider will perform all assessments, provide required documentation, and cooperate with Client and its Qualified Security Assessors as necessary to demonstrate compliance.

Provider shall notify Client in writing within days of any material change in Provider's compliance status, any confirmed or suspected security incident involving cardholder data, or any audit finding that may materially affect Client's compliance posture. Provider shall provide remediation plans and timelines and shall perform remediation in accordance with agreed milestones.

Audit Rights; Breach Notification

Client may, upon reasonable notice of at least days, conduct or engage a third party to conduct an audit or assessment of Provider's facilities, systems, policies and procedures to verify compliance. Provider shall cooperate and provide access to personnel, records, and other information reasonably necessary to perform such assessments, subject to reasonable confidentiality protections.

In the event of a confirmed security breach involving cardholder data, Provider shall promptly (and in no event later than days) notify Client, provide details of the incident, and undertake mitigation and forensic activities. Costs associated with Provider's remediation of its systems are the responsibility of Provider; costs attributable to negligence by Provider are the responsibility of Provider as provided below.

Liability and Indemnification

Each party shall be responsible for its own acts and omissions. Provider shall indemnify, defend and hold harmless Client from and against any losses, liabilities, fines or expenses directly arising from Provider's breach of its confidentiality obligations, negligent acts or willful misconduct resulting in unauthorized access to cardholder data, subject to the limitations set forth in this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of law principles.

Entire Agreement

This Agreement, including any exhibits, attachments, or statements of work incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, and communications, whether oral or written. Any modification to this Agreement must be in writing and signed by authorized representatives of both parties.

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except to a successor in interest by merger or sale of substantially all assets, provided the assignee assumes obligations hereunder.

Client Name:

By:

Date:

Service Provider Name:

By:

Date:

What a Compliance PCI DSS Agreement Covers

A Compliance PCI DSS Agreement documents the parties' responsibilities for protecting cardholder data and implementing Payment Card Industry Data Security Standard controls across a merchant or service-provider environment. It defines scope, required controls, reporting obligations, testing and remediation timelines, and evidence to support attestation. The agreement clarifies who owns remediation tasks, how assessments and penetration tests are shared, and how incident reporting to the acquiring bank, card brands, and affected parties will occur to meet PCI DSS requirements.

Why a Formal PCI DSS Agreement Matters

A written agreement allocates compliance duties, reduces ambiguous responsibility after an incident, and documents audit evidence. It supports regulatory and card-brand expectations for formal controls, incident handling, and proof of remediation.

Who Typically Signs a PCI DSS Compliance Agreement

Identifying parties and their responsibilities up front simplifies scope assessment, reduces contract changes later, and aids PCI DSS evidence collection.

Merchants — Retailers, e-commerce businesses, and service providers that accept card payments and must maintain the cardholder data environment.
Payment processors — Acquirers, gateways, and processors that route transactions and enforce card-brand obligations.
Third-party vendors — Cloud, hosting, or managed service providers with access to cardholder data or network segments.

Core Elements to Include in the Agreement

A professional Compliance PCI DSS Agreement includes clear definitions, scope, control references, evidence requirements, reporting protocols, and remediation duties to make responsibilities auditable.

Parties & Definitions

Define legal entities, roles (merchant, processor, vendor), and technical terms such as cardholder data environment (CDE) for consistent interpretation across stakeholders.

Scope & CDE

Describe network segments, systems, and data flows in scope for PCI DSS assessment, including exclusions and tokenization or third-party vaulting arrangements.

Required Controls

Reference specific PCI DSS requirements or control objectives, including version cited, and indicate which party implements and maintains each control.

Audit & Evidence

Specify types of evidence required for assessment (logs, configuration files, penetration test reports, scan results) and retention periods for proof of compliance.

Reporting & Incident Response

Set timelines and recipients for breach notification, compromise investigation steps, and coordination with acquiring bank and card brands.

Remediation & Liability

Allocate remediation responsibilities, set SLA timelines for fixes, include cost allocation provisions and limits or exclusions of liability where appropriate.

Essential Information to Capture

Merchant Legal Name: Exact registered name

Doing-Business-As: DBA if applicable

Merchant ID: Acquirer-assigned identifier

Primary Contact: Name, email, phone

Scope Summary: Systems and networks in-scope

Attestation Type: ROC, SAQ, or ASV scan

Step-by-Step: Completing the Agreement

Follow these sequential steps to prepare, review, and finalize a Compliance PCI DSS Agreement with minimal delays.

01

Gather scope data: Inventory systems and card flows
02

Assign controls: Map PCI requirements to owners
03

Collect evidence: Attach scans, logs, test reports
04

Sign and distribute: Obtain authorized signatures

Configuring an Online Completion Workflow

Set up a digital workflow to collect signatures, attach evidence, and retain an audit trail for later assessment or audit requests.

Field \| Configuration	Purpose \| Value
Authentication method	Email link \| SMS code or provider MFA
Evidence attachment	Require PDF upload \| Scans, ASV reports
Conditional fields	Show fields when scope includes cloud or third party
Retention policy	Set automated retention per legal requirements

Where Signed Agreements Should Be Sent

Identify the recipients and storage locations for executed agreements to ensure traceability and speedy access during a PCI assessment or incident.

Acquiring bank: Send executed copy to bank compliance contact
Payment processor: Provide the processor with attestation and scope
Qualified Security Assessor: Share scope and evidence with QSA as needed
Internal security team: Store master executed agreement in compliance repository

Technical Requirements for eSubmission and Signing

Ensure the platform preserves tamper-evident records, stores audit logs, and meets contractual or card-brand requirements for proof of signature.

Supported Formats: PDF and DOCX preferred
Integrations: CRM and cloud storage connectors
Authentication: Email, SMS, or stronger MFA

Key Dates and Processing Expectations

Set and communicate specific dates for effective coverage, periodic reviews, and remediation milestones to meet assessment and reporting timelines.

Effective Date:

When the agreement obligations begin

Quarterly Review:

Update scope and scan results every three months

Annual Assessment:

Complete SAQ or ROC annually as required

Remediation SLA:

Common 30-day target for high-risk fixes

Incident Reporting:

Notify acquirer/card brands within required timeframe

Common Preparation Mistakes to Avoid

Ambiguous scope statements that omit cloud services or third-party processors, leading to audit disputes and rework.
Failing to attach contemporaneous evidence such as ASV scan reports, penetration test summaries, or hardened configuration snapshots.
Relying on verbal assurances for controls ownership instead of explicit contractual assignment and measurable SLAs.
Using generic remediation timelines without risk-based prioritization, which delays critical fixes and increases breach exposure.

Risks and Consequences of Poor or Incorrect Agreements

Data breach fines: Potential card-brand and regulatory penalties

Card brand penalties: Fines, increased monitoring, or termination

Contract termination: Processor may suspend services

Increased fees: Higher transaction or compliance costs

Liability exposure: Costs for forensic and remediation work

Reputational harm: Customer trust and business impact

Typical eSignature Vendor Pricing and Capabilities

Comparing basic plan price and select capabilities can inform platform selection for executing Compliance PCI DSS Agreements at scale.

	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	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About PCI DSS Agreements and eSigning

Answers to common legal and technical questions about executing, authenticating, and storing Compliance PCI DSS Agreements, with practical next steps.

Need help? Contact support

Is an electronic signature legally binding?
Yes. Electronic signatures are legally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) when the signer demonstrates intent, consents to electronic records, the signature can be attributed to the signer, and the record is retained.
Can a PCI DSS Agreement be signed electronically?
Generally yes, provided parties consent to electronic execution and the e-signature method captures intent and attribution. Check for any state-specific requirements such as New York's ESRA rules before relying on a remote process.
What signer authentication is appropriate?
Use risk-based authentication: email link for low-risk, SMS or multi-factor for moderate risk, and stronger identity proofing for high-risk signers; document the chosen method in the agreement.
What supporting documents should be attached?
Attach scope diagrams, ASV scan reports, penetration test summaries, control evidence, and any QSA findings required to substantiate the attestation and facilitate future audits.
How do parties revoke or amend the agreement?
Follow amendment clauses in the agreement: execute a signed amendment or mutual termination. For electronic agreements, record the amendment with a new signed document and preserve prior versions in the audit trail.
How should executed agreements be stored securely?
Store signed copies and audit trails in encrypted, access-controlled repositories with retention aligned to legal and industry requirements; maintain tamper-evident logs and regular backups.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now