Section 8-1A-1 – Short Title.

Section 8-1A-1 Short title. This chapter may be cited as the Uniform Electronic Transactions Act. (Act 2001-458, p. 597, §1.)

Section 8-1A-10 – Effect of Change or Error.

Section 8-1A-10 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 […]

Section 8-1A-11 – Notarization and Acknowledgment.

Section 8-1A-11 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 […]

Section 8-1A-12 – Retention of Electronic Records; Originals.

Section 8-1A-12 Retention of electronic records; originals. (a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which meets the following requirements: (1) Accurately reflects the information set forth in the record as it was first generated in final form […]

Section 8-1A-13 – Admissibility in Evidence.

Section 8-1A-13 Admissibility in evidence. (a) In any proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. (b) In determining the attribution and authenticity or evidentiary weight of an electronic record or signature, the trier of fact may consider, along with any other relevant and probative […]

Section 8-1A-14 – Automated Transaction.

Section 8-1A-14 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 […]

Section 8-1A-15 – Time and Place of Sending and Receipt.

Section 8-1A-15 Time and place of sending and receipt. (a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when the record meets all of the following requirements: (1) The record is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses […]

Section 8-1A-16 – Transferable Records.

Section 8-1A-16 Transferable records. (a) In this section, “transferable record” means an electronic record that meets the following criteria: (1) Would be a note under Article 3 of the Uniform Commercial Code or a document under Article 7 of the Uniform Commercial Code if the electronic record were in writing. (2) The issuer of the […]

Section 8-1A-17 – Creation and Retention of Electronic Records; Conversion of Written Records.

Section 8-1A-17 Creation and retention of electronic records; conversion of written records. (a) The Alabama Supreme Court and any other court or judicial official or entity with rulemaking authority and each governmental agency of this state with rulemaking authority reviewable under Section 41-22-23 may determine by rule whether, and the extent to which, it will […]

Section 8-1A-18 – Acceptance and Distribution of Electronic Records and Electronic Signatures.

Section 8-1A-18 Acceptance and distribution of electronic records and electronic signatures. (a)(1) Except as otherwise provided in subsection (f) of Section 8-1A-12, the Alabama Supreme Court and any other court or judicial official or entity with rulemaking authority and each governmental agency of this state with rulemaking authority reviewable under Section 41-22-23 may determine by […]

Section 8-1A-19 – Interoperability.

Section 8-1A-19 Interoperability. (a) A governmental agency of this state which adopts standards pursuant to Section 8-1A-18 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards […]

Section 8-1A-2 – Definitions.

Section 8-1A-2 Definitions. As used in this chapter, each of the following words have the following meanings: (1) AGREEMENT. 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. […]

Section 8-1A-20 – Severability.

Section 8-1A-20 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Act […]

Section 8-1A-3 – Scope.

Section 8-1A-3 Scope. (a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to a transaction to the extent it is governed by any of the following: (1) A law governing the creation and execution of wills, codicils, […]

Section 8-1A-4 – Prospective Application.

Section 8-1A-4 Prospective application. This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after January 1, 2002. (Act 2001-458, p. 597, §1.)

Section 8-1A-5 – Use of Electronic Records and Electronic Signatures; Variation by Agreement.

Section 8-1A-5 Use of electronic records and electronic signatures; variation by agreement. (a) This chapter does 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. (b) This chapter applies only to transactions between parties each of which has […]

Section 8-1A-6 – Construction and Application.

Section 8-1A-6 Construction and application. This chapter shall be construed and applied in each of the following manners: (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. (3) To effectuate its general purpose to make uniform […]

Section 8-1A-7 – Legal Recognition of Electronic Records, Electronic Signatures, and Electronic Contracts.

Section 8-1A-7 Legal recognition of electronic records, electronic signatures, and electronic contracts. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If […]

Section 8-1A-8 – Provision of Information in Writing; Presentation of Records.

Section 8-1A-8 Provision of information in writing; presentation of records. (a) Subject to subsection (e), 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, […]

Section 8-1A-9 – Attribution and Effect of Electronic Record and Electronic Signature.

Section 8-1A-9 Attribution and effect of electronic record and electronic signature. (a) 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 […]