Section 84.001 – Short title.
ORS 84.001 to 84.061 may be cited as the Uniform Electronic Transactions Act. [2001 c.535 §1]
Section 84.004 – Definitions for ORS 84.001 to 84.061.
As used in ORS 84.001 to 84.061: (1) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. (2) “Automated transaction” means a transaction conducted or performed, […]
Section 84.007 – Scope.
(1) Except as otherwise provided in subsection (2) of this section, ORS 84.001 to 84.061 apply to electronic records and electronic signatures relating to a transaction. (2) ORS 84.001 to 84.061 do not apply to a transaction to the extent it is governed by: (a) A law governing the creation and execution of wills, codicils […]
Section 84.010 – Prospective application.
ORS 84.001 to 84.061 apply to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after June 22, 2001. [2001 c.535 §4]
Section 84.013 – Use of electronic records and electronic signatures; variation by agreement.
(1) ORS 84.001 to 84.061 do not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form. (2) ORS 84.001 to 84.061 apply only to transactions between parties, each of which has agreed to conduct transactions by electronic means. Whether […]
Section 84.014 – Consent for conducting transaction with governmental agency.
Notwithstanding the provisions of ORS 84.013, a governmental agency does not require an individual’s agreement or consent to conduct a transaction by electronic means or create or retain an electronic record of a transaction if the governmental agency conducts transactions by electronic means or creates, sends, accepts, generates, communicates, stores, processes, uses or relies on […]
Section 84.016 – Construction and application.
ORS 84.001 to 84.061 must be construed and applied: (1) To facilitate electronic transactions consistent with other applicable law; (2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) To effectuate the general purpose of ORS 84.001 to 84.061 to make uniform the law with […]
Section 84.019 – Legal recognition of electronic records, electronic signatures and electronic contracts.
(1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (3) If a law requires a record to be in writing, an electronic record […]
Section 84.022 – Provision of information in writing; presentation of records.
(1) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent or delivered, as the case may be, in an electronic record capable of retention by the […]
Section 84.025 – Attribution and effect of electronic record and electronic signature.
(1) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was […]
Section 84.028 – Effect of change or error.
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming […]
Section 84.031 – Notarization and acknowledgment.
If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature […]
Section 84.034 – Retention of electronic records; originals.
(1) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that: (a) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and (b) Remains accessible […]
Section 84.037 – Admissibility in evidence.
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. [2001 c.535 §13]
Section 84.040 – Automated transaction.
In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements. (2) A contract may be formed by the interaction of an electronic agent […]
Section 84.043 – Time and place of sending and receipt.
(1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (a) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient […]
Section 84.046 – Transferable records.
(1) As used in this section, “transferable record” means an electronic record that: (a) Would be a note under ORS chapter 73 or a document under ORS chapter 77 if the electronic record were in writing; and (b) The issuer of the electronic record expressly has agreed is a transferable record. (2) A person has […]
Section 84.049 – Creation and retention of electronic records by governmental agency; conversion of records into electronic records.
(1) A governmental agency of this state shall determine whether, and the extent to which, the governmental agency will create and retain electronic records or convert written records or records that exist in other forms into electronic records. (2) A person with authority to create or retain custody of a record on behalf of a […]
Section 84.052 – Acceptance and distribution of electronic records by governmental agencies.
(1) Except as otherwise provided in ORS 84.034 (6), each governmental agency of this state shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use and rely upon electronic records and electronic signatures. (2) […]
Section 84.055 – Interoperability.
A governmental agency in this state that adopts standards pursuant to ORS 84.052 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this state and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing […]