§ 270. Short title

§ 270. Short title This chapter may be cited as the Uniform Electronic Transactions Act. (Added 2003, No. 44, § 1, eff. Jan. 1, 2004.)

§ 271. Definitions

§ 271. Definitions For purposes of 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 […]

§ 272. Scope

§ 272. Scope (a) Except as otherwise provided in subsections (b) and (c) of this section, this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to: (1) a transaction to the extent it is governed by a law governing the creation and execution of wills, […]

§ 273. Prospective application

§ 273. Prospective application This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after January 1, 2004. (Added 2003, No. 44, § 1, eff. Jan. 1, 2004.)

§ 274. Use of electronic records and electronic signatures; variation by agreement

§ 274. Use of electronic records and electronic signatures; variation by agreement (a) This chapter 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 chapter applies only to transactions between parties, each of which has […]

§ 275. Construction and application

§ 275. Construction and application 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 […]

§ 276. Legal recognition of electronic records, electronic signatures, and electronic contracts

§ 276. 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 […]

§ 277. Provision of information in writing; presentation of records

§ 277. 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 […]

§ 278. Attribution and effect of electronic record and electronic signature

§ 278. 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 […]

§ 279. Effect of change or error

§ 279. 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 party has conformed to the procedure, but the […]

§ 280. Notarization and acknowledgment

§ 280. 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 […]

§ 281. Retention of electronic records; originals

§ 281. 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 that: (1) accurately reflects the information set forth in the record at the time and after it was first generated in its final […]

§ 282. Admissibility in evidence

§ 282. Admissibility in evidence In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. (Added 2003, No. 44, § 1, eff. Jan. 1, 2004.)

§ 283. Automated transaction

§ 283. 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 […]

§ 284. Time and place of sending and receipt

§ 284. 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 […]

§ 285. Transferable records

§ 285. Transferable records (a) In this section, “transferable record” means an electronic record that: (1) would be a note under 9A V.S.A. § 3—104 or a document under 9A V.S.A. § 7—102 if the electronic record were in writing; and (2) the issuer of the electronic record expressly has agreed is a transferable record. […]

§ 286. Preservation of rights and obligations

§ 286. Preservation of rights and obligations This chapter does not: (1) limit, alter, or otherwise affect any requirement imposed by a statute, regulation, or rule of law relating to the rights and obligations of persons under such statute, regulation, or rule of law other than a requirement that contracts or other records be written, […]

§ 287. Consumer disclosures

§ 287. Consumer disclosures (a) Consent to Electronic Records. Notwithstanding other provisions of this chapter, if a statute, regulation, or other rule of law requires that information relating to a transaction or transactions be provided or made available to a consumer in writing, the use of an electronic record to provide or make available (whichever […]

§ 288. Accuracy and ability to retain contracts and other records

§ 288. Accuracy and ability to retain contracts and other records Notwithstanding other provisions of this chapter, if a statute, regulation, or other rule of law requires that a contract or other record relating to a transaction be in writing, the legal effect, validity, or enforceability of an electronic record of such contract or other […]

§ 289. Procedures consistent with federal law

§ 289. Procedures consistent with federal law Consistent with the provisions of Section 7002(a) of the Electronic Signatures in the Global and National Commerce Act, 15 U.S.C § 7002(a), this chapter sets forth alternative procedures or requirements for the use of electronic records to establish the legal effect or validity of records in electronic transactions. […]