§ 24-71.3-101. Short Title

This article shall be known and may be cited as the “Uniform Electronic Transactions Act”. Source: L. 2002: Entire article added, p. 845, § 1, effective May 30.

§ 24-71.3-102. Definitions

As used in this article, unless the context otherwise requires: “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. “Automated transaction” means a transaction conducted or […]

§ 24-71.3-103. Scope

Except as otherwise provided in subsection (2) of this section, this article applies to electronic records and electronic signatures relating to a transaction. This article does not apply to a transaction to the extent it is governed by: A law governing the creation and execution of wills, codicils, or testamentary trusts; The “Uniform Commercial Code”, […]

§ 24-71.3-104. Prospective Application

This article applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after May 30, 2002. Source: L. 2002: Entire article added, p. 848, § 1, effective May 30. OFFICIAL COMMENT This section makes clear that the Act only applies to validate electronic records and signatures which arise […]

§ 24-71.3-105. Use of Electronic Records and Electronic Signatures – Variation by Agreement

This article 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. This article applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a […]

§ 24-71.3-106. Construction and Application

This article must be construed and applied: To facilitate electronic transactions consistent with other applicable law; To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and To effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting […]

§ 24-71.3-107. Legal Recognition of Electronic Records, Electronic Signatures, and Electronic Contracts

A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. If a law requires a record to be in writing, an electronic record satisfies the law. […]

§ 24-71.3-108. Provision of Information in Writing – Presentation of Records

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 recipient […]

§ 24-71.3-109. Attribution and Effect of Electronic Record and Electronic Signature

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 attributable. […]

§ 24-71.3-110. 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: 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 party […]

§ 24-71.3-111. 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 […]

§ 24-71.3-112. Retention of Electronic Records – Originals

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: 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 Remains accessible for later reference. […]

§ 24-71.3-113. Admissibility in Evidence

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. Source: L. 2002: Entire article added, p. 852, § 1, effective May 30. OFFICIAL COMMENT Like Section 7, this section prevents the nonrecognition of electronic records and signatures solely on the ground of the media […]

§ 24-71.3-114. Automated Transaction

In an automated transaction, the following rules apply: 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. A contract may be formed by the interaction of an electronic agent and an […]

§ 24-71.3-115. Time and Place of Sending and Receipt

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

§ 24-71.3-116. Transferable Records

In this section, “transferable record” means an electronic record that: Would be a note under article 3 of the “Uniform Commercial Code”, title 4, C.R.S., if the electronic record were in writing; and The issuer of the electronic record expressly has agreed is a transferable record. A person has control of a transferable record if […]

§ 24-71.3-117. Creation and Retention of Electronic Records by Political Subdivisions

Each department, board, commission, authority, institution, or instrumentality of the state, in accordance with the policies, standards, and guidelines set forth by the office of information technology, may determine whether, and the extent to which, such department, board, commission, authority, institution, or instrumentality shall create and retain electronic records and convert written records to electronic […]

§ 24-71.3-118. Acceptance and Distribution of Electronic Records by Governmental Agencies

Except as otherwise provided in section 24-71.3-112 (6), each department, board, commission, authority, institution, or instrumentality of the state in consultation with the office of information technology, created in section 24-37.5-103, and the state archivist and in accordance with policies, standards, and guidelines set forth by the office may determine the extent to which such […]

§ 24-71.3-119. Interoperability

The office of information technology, created in section 24-37.5-103, may, in adopting policies, standards, and guidelines pursuant to section 24-71.3-118, 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, […]

§ 24-71.3-120. Severability Clause

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are hereby expressly declared to be […]