16-1605.   Use of electronic records and electronicsignatures; state agency written standards governing use of electronicsignatures; rules and regulations governing use of digital signatures by stateagencies.(a) This act does not require a record or signature to becreated, generated, sent, communicated, received, stored or otherwiseprocessed or used by electronic means or in electronic form.

      (b)   This act applies only to transactions between parties each of which hasagreed to conduct transactions by electronic means. Whether the parties agreeto conduct a transaction by electronic means is determined from the context andsurrounding circumstances, including the parties' conduct.

      (c)   A party that agrees to conduct a transaction by electronic means mayrefuse to conduct other transactions by electronic means. The right granted bythis subsection may not be waived by agreement.

      (d)   Except as otherwise provided in this act, the effect of any of itsprovisions may be varied by agreement. The presence in certain provisions ofthis act of the words "unless otherwise agreed", or words of similar import,does not imply that the effect of other provisions may not be varied byagreement.

      (e)   Whether an electronic record or electronic signature has legalconsequences is determined by this act and other applicable law.

      (f)   The uniform electronic transactions act does notrequire any person to useelectronic signatures.

      (g)   Any state agency that offers or providesthe option of using an electronic signature to persons doing business with thatstate agency shall establish written standards governing the use of thoseelectronic signatures as follows:

      (1)   On or before December 31, 2002, for electronic signature applicationsthat are in use by the state agency before July 1, 2002; or

      (2)   before offering or providing the option of using an electronic signaturefor any applications implemented on or after July 1, 2002.

      (h)   The uniform electronic transactions act does not require any person touse or permit the use ofdigital signatures.

      (i)   The secretary of state shall adopt rules and regulations governing theuse of digital signatures by state agencies. Each state agency offering orproviding the option of using a digital signature to persons doing businesswith that state agency shall implement digital signatures in a mannerconsistentwith the regulations of the secretary of state, except that the state agencymay adopt rules and regulations governing that agency's use of digitalsignatures that exceed the minimum standards established by the rules andregulations of the secretary of state.

      History:   L. 2000, ch. 120, § 5;L. 2002, ch. 183, § 4; July 1.