16-1605.Use of electronic records and electronic
signatures; state agency written standards governing use of electronic
signatures; rules and regulations governing use of digital signatures by state
agencies.
(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 conduct transactions by electronic means. Whether the parties agree
to conduct a transaction by electronic means is determined from the context and
surrounding circumstances, including the parties' conduct.
(c) A party that agrees to conduct a transaction by electronic means may
refuse to conduct other transactions by electronic means. The right granted by
this subsection may not be waived by agreement.
(d) Except as otherwise provided in this act, the effect of any of its
provisions may be varied by agreement. The presence in certain provisions of
this 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 by
agreement.
(e) Whether an electronic record or electronic signature has legal
consequences is determined by this act and other applicable law.
(f) The uniform electronic transactions act does not
require any person to use
electronic signatures.
(g) Any state agency that offers or provides
the option of using an electronic signature to persons doing business with that
state agency shall establish written standards governing the use of those
electronic signatures as follows:
(1) On or before December 31, 2002, for electronic signature applications
that are in use by the state agency before July 1, 2002; or
(2) before offering or providing the option of using an electronic signature
for any applications implemented on or after July 1, 2002.
(h) The uniform electronic transactions act does not require any person to
use or permit the use of
digital signatures.
(i) The secretary of state shall adopt rules and regulations governing the
use of digital signatures by state agencies. Each state agency offering or
providing the option of using a digital signature to persons doing business
with that state agency shall implement digital signatures in a manner
consistent
with the regulations of the secretary of state, except that the state agency
may adopt rules and regulations governing that agency's use of digital
signatures that exceed the minimum standards established by the rules and
regulations of the secretary of state.
History: L. 2000, ch. 120, § 5;
L. 2002, ch. 183, § 4; July 1.
16-1605.Use of electronic records and electronic
signatures; state agency written standards governing use of electronic
signatures; rules and regulations governing use of digital signatures by state
agencies.
(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 conduct transactions by electronic means. Whether the parties agree
to conduct a transaction by electronic means is determined from the context and
surrounding circumstances, including the parties' conduct.
(c) A party that agrees to conduct a transaction by electronic means may
refuse to conduct other transactions by electronic means. The right granted by
this subsection may not be waived by agreement.
(d) Except as otherwise provided in this act, the effect of any of its
provisions may be varied by agreement. The presence in certain provisions of
this 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 by
agreement.
(e) Whether an electronic record or electronic signature has legal
consequences is determined by this act and other applicable law.
(f) The uniform electronic transactions act does not
require any person to use
electronic signatures.
(g) Any state agency that offers or provides
the option of using an electronic signature to persons doing business with that
state agency shall establish written standards governing the use of those
electronic signatures as follows:
(1) On or before December 31, 2002, for electronic signature applications
that are in use by the state agency before July 1, 2002; or
(2) before offering or providing the option of using an electronic signature
for any applications implemented on or after July 1, 2002.
(h) The uniform electronic transactions act does not require any person to
use or permit the use of
digital signatures.
(i) The secretary of state shall adopt rules and regulations governing the
use of digital signatures by state agencies. Each state agency offering or
providing the option of using a digital signature to persons doing business
with that state agency shall implement digital signatures in a manner
consistent
with the regulations of the secretary of state, except that the state agency
may adopt rules and regulations governing that agency's use of digital
signatures that exceed the minimum standards established by the rules and
regulations of the secretary of state.
History: L. 2000, ch. 120, § 5;
L. 2002, ch. 183, § 4; July 1.
16-1605.Use of electronic records and electronic
signatures; state agency written standards governing use of electronic
signatures; rules and regulations governing use of digital signatures by state
agencies.
(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 conduct transactions by electronic means. Whether the parties agree
to conduct a transaction by electronic means is determined from the context and
surrounding circumstances, including the parties' conduct.
(c) A party that agrees to conduct a transaction by electronic means may
refuse to conduct other transactions by electronic means. The right granted by
this subsection may not be waived by agreement.
(d) Except as otherwise provided in this act, the effect of any of its
provisions may be varied by agreement. The presence in certain provisions of
this 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 by
agreement.
(e) Whether an electronic record or electronic signature has legal
consequences is determined by this act and other applicable law.
(f) The uniform electronic transactions act does not
require any person to use
electronic signatures.
(g) Any state agency that offers or provides
the option of using an electronic signature to persons doing business with that
state agency shall establish written standards governing the use of those
electronic signatures as follows:
(1) On or before December 31, 2002, for electronic signature applications
that are in use by the state agency before July 1, 2002; or
(2) before offering or providing the option of using an electronic signature
for any applications implemented on or after July 1, 2002.
(h) The uniform electronic transactions act does not require any person to
use or permit the use of
digital signatures.
(i) The secretary of state shall adopt rules and regulations governing the
use of digital signatures by state agencies. Each state agency offering or
providing the option of using a digital signature to persons doing business
with that state agency shall implement digital signatures in a manner
consistent
with the regulations of the secretary of state, except that the state agency
may adopt rules and regulations governing that agency's use of digital
signatures that exceed the minimum standards established by the rules and
regulations of the secretary of state.
History: L. 2000, ch. 120, § 5;
L. 2002, ch. 183, § 4; July 1.