Section 28-50-108 – PROVISION OF INFORMATION IN WRITING — PRESENTATION OF RECORDS.
28-50-108. 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 […]
Section 28-51-106 – PROCEDURES DEEMED IN COMPLIANCE WITH SECURITY BREACH REQUIREMENTS.
28-51-106. PROCEDURES DEEMED IN COMPLIANCE WITH SECURITY BREACH REQUIREMENTS. (1) An agency, individual or a commercial entity that maintains its own notice procedures as part of an information security policy for the treatment of personal information, and whose procedures are otherwise consistent with the timing requirements of section 28-51-105, Idaho Code, is deemed to be […]
Section 28-50-109 – ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC SIGNATURE.
28-50-109. 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 […]
Section 28-50-110 – EFFECT OF CHANGE OR ERROR.
28-50-110. 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: (1) If the parties have agreed to use a security procedure to detect changes or errors and one (1) party has conformed to the procedure, but the […]
Section 28-50-111 – NOTARIZATION AND ACKNOWLEDGMENT.
28-50-111. 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 […]
Section 28-50-112 – RETENTION OF ELECTRONIC RECORDS — ORIGINALS.
28-50-112. 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: (1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic […]
Section 28-50-113 – ADMISSIBILITY IN EVIDENCE.
28-50-113. ADMISSIBILITY IN EVIDENCE. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. History: [28-50-113, added 2000, ch. 286, sec. 1, p. 965.]
Section 28-50-114 – AUTOMATED TRANSACTION.
28-50-114. 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 […]
Section 28-50-115 – TIME AND PLACE OF SENDING AND RECEIPT.
28-50-115. 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 […]
Section 28-50-116 – TRANSFERABLE RECORD.
28-50-116. TRANSFERABLE RECORD. (a) In this section, "transferable record" means an electronic record that: (1) Would be a note under chapter 3, title 28, Idaho Code (uniform commercial code — negotiable instruments) or a document under chapter 7, title 28, Idaho Code (uniform commercial code — documents of title) if the electronic record were in […]