26-2-8-101. Short Title
Sec. 101. IC 26-2-8 may be cited as the Uniform Electronic Transactions Act. As added by P.L.62-2000, SEC.1.
26-2-8-102. Definitions
Sec. 102. 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, […]
26-2-8-103. Scope
Sec. 103. (a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures that relate to a transaction. (b) This chapter does not apply to transactions subject to the following laws: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts. (2) IC 26-1 other […]
26-2-8-104. Agreement to Conduct Transaction Electronically; Variation by Agreement
Sec. 104. (a) This chapter does not require that a record or signature be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This chapter only applies to transactions between parties each of which has agreed to conduct transactions electronically. An agreement to conduct transactions […]
26-2-8-105. Construction and Application
Sec. 105. This chapter 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 its general purpose to make uniform the law with respect to the subject of […]
26-2-8-106. Legal Recognition of Electronic Records, Electronic Signatures, and Electronic Contracts
Sec. 106. (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 or electronic signature was used in its formation. (c) If a law requires a record to be […]
26-2-8-107. Provision of Information in Writing; Presentation of Records
Sec. 107. (a) If parties have agreed to conduct transactions electronically and a law requires a person to provide, send, or deliver information in writing to another person, that requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record and the information is capable of […]
26-2-8-108. Attribution and Effect of Electronic Record and Electronic Signature
Sec. 108. (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 proved 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 […]
26-2-8-109. Effect of Change or Error
Sec. 109. 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 other party has not, […]
26-2-8-110. Notarization and Acknowledgment
Sec. 110. If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by […]
26-2-8-111. Retention of Electronic Records; Originals
Sec. 111. (a) If a law requires that certain records be retained, that requirement is met by retaining an electronic record of the information in the record that: (1) 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 (2) […]
26-2-8-112. Admissibility of Evidence
Sec. 112. In a legal proceeding, evidence of an electronic record or electronic signature may not be excluded because it is an electronic record or electronic signature or it is not an original or is not in its original form. As added by P.L.62-2000, SEC.1.
26-2-8-113. Automated Transaction
Sec. 113. (a) If an offer evokes an electronic record in response, a contract may be formed in the same manner and with the same effect as if the record were not electronic, but an acceptance of the offer is effective, if at all, when received. (b) In an automated transaction, the following rules apply: […]
26-2-8-114. Time and Place of Sending and Receipt
Sec. 114. (a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when the information is addressed or otherwise directed properly to the recipient and either: (1) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of […]
26-2-8-115. Transferable Records
Sec. 115. (a) In this section, “transferable record” means an electronic record that: (1) would be a note under IC 26-1-3.1 or a document under IC 26-1-7, if the electronic record were in writing; and (2) the issuer of the electronic record expressly has agreed is subject to this chapter. (b) A person has control […]
26-2-8-116. Electronic Signature Involving Individual Health Information
Sec. 116. (a) As used in this section, “authorization” means a consent, an approval, or an authorization between an individual and a person. (b) As used in this section, “electronic identification” means the electronic identification system for form, location, and endorsement that is specified in subsection (d). (c) Electronic signature authentication and identification may be […]
26-2-8-201. Creation and Retention of Electronic Records and Conversion of Written Records by Governmental Agency
Sec. 201. Each governmental agency shall determine whether, and the extent to which, the governmental agency will create and retain electronic records and convert written records to electronic records. As added by P.L.62-2000, SEC.1.
26-2-8-202. Acceptance and Distribution of Electronic Records by Governmental Agencies
Sec. 202. (a) Except as otherwise provided in section 111(f) of this chapter, each governmental agency 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. […]
26-2-8-203. Interoperability
Sec. 203. Standards adopted by a governmental agency under section 202 of this chapter must encourage and promote consistency and interoperability with similar requirements adopted by: (1) other governmental agencies; (2) other states; (3) the federal government; and (4) nongovernmental persons interacting with governmental agencies. If appropriate, those standards must specify differing levels of standards […]
26-2-8-301. Severability Clause
Sec. 301. 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 that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. As added […]