66-58.1. Title; purpose. This Article shall be known and may be cited as the Electronic Commerce Act. The purpose of this Article is to facilitate electronic commerce with public agencies and regulate the application of electronic signatures when used in commerce with public agencies. (1998-127, s. 1.)
66-58.10. Rule making. (a) The Secretary may promulgate rules under this Article. Such rules may include, but are not limited to: (1) Definitions, including, but not limited to, more technical definitions of "certification authority" and "electronic signature"; (2) The creation, accreditation, bonding, licensing, operation, regulation, and sanctioning of certification authorities; (3) The imposition of licensing […]
66-58.11. Reciprocal agreements. The Secretary is hereby authorized to enter into reciprocal arrangements with appropriate and duly authorized public agencies of other jurisdictions having a law substantially similar to this Article so as to further the purpose of this Article. (1998-127, s. 1.)
66-58.12. Agencies may provide access to services through electronic and digital transactions; fees authorized. (a) Public agencies are encouraged to maximize citizen and business access to their services through the use of electronic and digital transactions. A public agency may determine, through program and transaction analysis, which of its services may be made available to […]
66-58.2. Definitions. The following definitions apply in this Article: (1) "Certification authority" means a person authorized by the Secretary to facilitate electronic commerce by vouching for the relationship between a person or public agency and that person’s or public agency’s electronic signature. (2) "Electronic signature" means any identifier or authentication technique attached to or logically […]
66-58.3. Certification authority licensing. All persons acting as a certification authority with respect to transactions under this Article shall be licensed by the Secretary prior to representing themselves or acting as a certification authority under this Article. Certification authority licensing standards set by the Secretary may include, but are not limited to, technical, physical, procedural, […]
66-58.4. Use of electronic signatures. All public agencies may use and accept electronic signatures pursuant to this Article, pursuant to Article 40 of this Chapter (the Uniform Electronic Transactions Act), or pursuant to other law. (1998-127, s. 1; 2003-233, s. 1; 2007-119, s. 1.)
66-58.5. Validity of electronic signatures. (a) An electronic signature contained in a transaction undertaken pursuant to this Article between a person and a public agency, or between public agencies, shall have the same force and effect as a manual signature provided all of the following requirements are met: (1) The public agency involved in the […]
66-58.6. Enforcement. (a) The Secretary may investigate complaints or other information indicating fraudulent or unlawful conduct that violates this Article or the rules promulgated thereunder. (b) The Superior Court Division of the General Court of Justice has jurisdiction and authority upon application of the Secretary to enjoin or restrain violations of this Article. (c) It […]
66-58.7. Civil penalty. The Secretary may assess a civil penalty of not more than five thousand dollars ($5,000) per violation against any certification authority that violates a provision of this Article or any rule promulgated thereunder. In determining the amount of a penalty under this section, the Secretary shall give due consideration to each of […]
66-58.8. Criminal penalty. (a) Any person who willfully violates any provision of this Article, or who willfully violates any rule or order under this Article, with intent to defraud, is guilty of a Class I felony. (b) The Secretary shall provide such evidence as is available concerning criminal violations of this Article or of any […]
66-58.9. Exemptions. This Article shall not apply to any of the following: (1) Electronic signatures and facsimile signatures that are otherwise allowed by law. (2) The execution of documents filed with, issued, or entered by a court of the General Court of Justice. However, a document or transaction validly executed under this Article is not […]
