§ 59.1-479. Title

This chapter may be cited as the “Uniform Electronic Transactions Act.” 2000, c. 995.

§ 59.1-480. Definitions

As used in this chapter: (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, in whole […]

§ 59.1-481. 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: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts; and (2) Title 8.1A […]

§ 59.1-482. Prospective application

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this chapter. 2000, c. 995.

§ 59.1-483. 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 agreed to conduct transactions by electronic means. Whether the parties agree to […]

§ 59.1-484. Construction and application

This chapter shall be construed and applied to: (1) Facilitate electronic transactions consistent with other applicable law; (2) Be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) Effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states […]

§ 59.1-485. 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 a law requires a record to be in writing, an electronic record […]

§ 59.1-486. Provision of information in writing; presentation of records

(a) 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 […]

§ 59.1-487. 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 the person to which the electronic record or electronic signature was […]

§ 59.1-488. 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 […]

§ 59.1-489. 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 […]

§ 59.1-490. Retention of electronic record

(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: (1) Accurately reflects the information set forth in the record at the time and after it was first generated in its final form as an electronic record or otherwise; […]

§ 59.1-491. Admissibility of 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 evidentiary weight to be given a particular electronic signature, the trier of fact shall consider whether the electronic signature is: (i) unique to the signer, (ii) capable of verification, (iii) […]

§ 59.1-492. Automated transactions

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 […]

§ 59.1-493. Time and place of sending and receipt

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (1) 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 […]

§ 59.1-494. Transferable records

(a) In this section, “transferable record” means an electronic record that: (1) Would be a note under Title 8.3A or a document under Title 8.7 if the electronic record were in writing; and (2) The issuer of the electronic record expressly has agreed is a transferable record. (b) A person has control of a transferable […]

§ 59.1-495. Creation and retention of electronic records and conversion of written records by public bodies of the Commonwealth

Upon providing protection to preserve security and confidentiality, every public body of the Commonwealth may create and retain electronic records and convert written records to electronic records. 2000, c. 995.

§ 59.1-496. Acceptance and distribution of electronic records by public bodies; electronic filing of information permitted

(a) Except as otherwise provided in subsection (f) of § 59.1-490, and upon providing protection to preserve security and confidentiality, public bodies of the Commonwealth may (i) accept the electronic filing of any information required or permitted to be filed with such public body and (ii) prescribe the methods of executing, recording, reproducing, and certifying […]

§ 59.1-497. Interoperability

A public body of the Commonwealth that adopts standards pursuant to § 59.1-496 and the Secretary of Administration may encourage and promote consistency and interoperability with similar requirements adopted by other public bodies of the Commonwealth, other states and the federal government and nongovernmental persons interacting with public bodies of the Commonwealth. If appropriate, those […]

§ 59.1-498. Reserved

Reserved.