§12A-15-102. Definitions.
DEFINITIONS In this act: (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 or […]
§12A-15-118. Acceptance and distribution of electronic records by governmental agencies.
ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES (a) Except as otherwise provided in subsection (f) of Section 12 of this act, each governmental agency of this state 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, […]
§12A-15-103. Scope.
SCOPE (a) Except as provided in subsection (b) of this section or as otherwise provided by law, this act applies to electronic records and electronic signatures relating to a transaction. (b) This act does not apply to a transaction to the extent it is governed by: (1) a law governing the creation and execution of […]
§12A-15-119. Interoperability.
INTEROPERABILITY A governmental agency of this state which adopts standards pursuant to Section 18 of this act may 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, those standards […]
§12A-15-104. Prospective application.
PROSPECTIVE APPLICATION This act applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this act. Added by Laws 2000, c. 372, § 4, eff. Nov. 1, 2000.
§12A-15-120. Waiver of information transaction laws by governmental agencies.
WAIVER OF INFORMATION TRANSACTION LAWS BY GOVERNMENTAL AGENCIES Notwithstanding subsections (b) and (d) of Section 8 of this act, a governmental agency may waive the requirements of state law governing (i) the method of posting or display of a record or information, (ii) the manner of communication or transmittal of a record or information, including […]
§12A-15-105. Use of electronic records and electronic signatures; variation by agreement.
USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES; VARIATION BY AGREEMENT (a) This act 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 act applies only to transactions between parties each of which has agreed to […]
§12A-15-121. Registration of certification authorities.
(a) No person, other than a state agency, board, or commission, shall act as a registered certification authority in this state until such person: (1) Registers with the Secretary on forms approved and provided by the Secretary; (2) Files with the Secretary a good and sufficient surety bond, certificate of insurance, or other evidence of […]
§12A-15-106. Construction and application
CONSTRUCTION AND APPLICATION This act 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 […]
§12A-15-107. Legal recognition of electronic records, electronic signatures, and electronic contracts.
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 […]