Breakdown of the law[ edit ] Definitions are given in Section 2 namely  7 Electronic record - means a record created, generated, sent, communicated, received, or stored by electronic means.
Section 10 defines the conditions if a change or error in an electronic record occurs in a transmission between parties to a transaction. A If the 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 be, in an electronic record capable of retention by the recipient at the time of receipt.
D Divisions ABand C of this section may not be varied by agreement, except as follows: It is a non-profit unincorporated association, composed of state commissions on uniform laws from each state, the District of Columbia, the Commonwealth of Puerto Ricoand the U.
Section 4 states that the Act " It establishes a legal foundation for the use of electronic communications in transactions where the parties have agreed to deal electronically. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.
I A state university identified in section This chapter must be construed and applied: The effectiveness of an illegible record and whether it binds any party are left to other law.
Section 16 outlines transferable records c A system satisfies subsection band a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that: An electronic record of a check is valid only if the front and the back of the check are recorded.
The right granted by this subsection may not be waived by agreement. E To the extent a state agency retains an electronic record, the state agency may retain a record in a format that is different from the format in which the record was originally created, used, sent, or received only if it can be demonstrated that the alternative format used accurately and completely reflects the record as it was originally created, used, sent, or received.
Any requirement of the Department of Information Resources or the Texas State Library and Archives Commission under this chapter that generally applies to one or more state agencies using electronic records or electronic signatures is considered to be a recommendation to the comptroller concerning the electronic records or electronic signatures used by the comptroller.
These tangible manifestations do not exist in the electronic environment, and accordingly, this definition expressly provides that the symbol must in some way be linked to, or connected with, the electronic record being signed. Nothing in the act precludes a state agency from imposing additional record retention requirements.
B For purposes of this section and section F A record retained as an electronic record in accordance with division A of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or similar purposes, unless a law enacted after the effective date of this section specifically prohibits the use of an electronic record for the specified purpose.
This title applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after January 1, 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 logically associated with the signature or record.
Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person; b.
These tangible manifestations do not exist in the electronic environment, and accordingly, this definition expressly provides that the symbol must in some way be linked to, or connected with, the electronic record being signed. That is, whether a record is unintelligible or unusable by a recipient is a separate issue from whether that record was sent or received.
The act validates electronic records as originals where the law requires retention of the original. B The effect of an electronic record or electronic signature attributed to a person under division A of this section shall be determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
In an automated transaction, the following rules apply:. UNIFORM ELECTRONIC TRANSACTIONS ACT () PREFATORY NOTE With the advent of electronic means of communication and information transfer, business models and methods for doing business have evolved to take advantage of the speed, efficiencies, and cost benefits of.
UETA and ESIGN Act.
Both the United States Electronic Signatures in Global and National Commerce (ESIGN) Act, and the Uniform Electronic Transactions Act (UETA), have four major requirements for an electronic signature to be recognized as valid under U.S.
law. (A) This chapter may be cited as the "Uniform Electronic Transactions Act".
(B) Consistent with the provisions of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section (a), this chapter provides alternative procedures or requirements for the use of electronic records to establish the legal effect or validity of.
The Uniform Electronic Transactions Act (UETA) is one of the several United States Uniform Acts proposed by the National Conference of Commissioners on Uniform State Laws (NCCUSL). Forty-seven states, the District of Columbia, and the U.S. Virgin Islands have adopted the UETA. UNIFORM ELECTRONIC TRANSACTIONS ACT () PREFATORY NOTE With the advent of electronic means of communication and information transfer, business models and methods for doing business have evolved to take advantage of the speed, efficiencies, and cost benefits of.
The act is designed to facilitate and promote commerce and governmental transactions by validating and authorizing the use of electronic records and signatures and to promote uniform electronic transaction laws among the states.The uniform electronic transactions act