Title 44 — Trade and Commerce

This chapter may be cited as the Arizona electronic transactions act.

In this chapter, unless the context otherwise requires: 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 that are given the effect of agreements under laws otherwise…

A. Except as otherwise provided in subsections B and C of this section, this chapter applies to any electronic record and electronic signature relating to a transaction. B. For the purposes of this article and articles 2, 3 and 4 of this chapter, this chapter does not apply to a …

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after the effective date of this chapter.

A. This chapter does not require a record or signature to be created, generated, sent, communicated, received or 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 agreed …

This chapter shall be construed and applied to: 1. Facilitate electronic transactions consistent with other applicable law. 2. Be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices. 3. Effectuate its general…

A. A record or signature in electronic form cannot be denied legal effect and enforceability solely because the record or signature is in electronic form. B. A contract formed by an electronic record cannot be denied legal effect and enforceability solely because an electronic re…

A. If the parties to a transaction have agreed to conduct the 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 c…

A. An electronic record or electronic signature is attributable to a person if the record or signature was the act of the person or the person's electronic agent. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure appli…

A. The following apply to any change or error in an electronic record that occurs in a transmission between the parties to a transaction: 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 oth…

If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, that 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 appli…

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 prescribed in the record after the record was first generated in its final form as an elect…

In any proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.

A. In any automated transaction, the parties may form a contract by the interaction of: 1. 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. An electronic agent and an individu…

A. Unless otherwise agreed to by the sender and the recipient, an electronic record is sent if the record: 1. Is properly addressed or otherwise properly directed to an information processing system that the recipient has designated or uses for the purpose of receiving electronic…

A. A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred. B. A system complies with subsectio…

A signature is a secure electronic signature if, through the application of a security procedure, it can be demonstrated that the electronic signature at the time the signature was made was all of the following: 1. Unique to the person using it. 2. Capable of verification. 3. Und…

If, through the ongoing application of a security procedure, it can be demonstrated that an electronic record signed by a secure electronic signature has remained unaltered since a specified time, the record is a secure electronic record from that time of signing forward.

A. There is a rebuttable presumption that a secure electronic record has not been altered since the specific time to which the secure status relates. B. There is a rebuttable presumption that the secure electronic signature is the electronic signature of the party to whom it rela…

If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, that requirement is satisfied if all of the following are true: 1. A secure electronic signature of the individual who is authorized to perform those acts and all other information…

A. Each governmental agency shall determine if, and the extent to which, the governmental agency will create and retain electronic records and convert written records to electronic records. Any governmental agency that is subject to the management, preservation, determination of …

A. Except as otherwise provided in section 44-7012, subsection D, and this subsection, each governmental agency, except state agencies, shall determine if, and the extent to which, the governmental agency will send and accept electronic records and electronic signatures to and fr…

Technology standards adopted by the governmental information technology agency, electronic signature use policies adopted by the secretary of state or any other similar standards adopted by any other governmental agency pursuant to section 44-7042 shall encourage and promote cons…

A. Nothing in this chapter diminishes the parties' consumer protection rights prescribed in chapter 10, article 7 of this title or any other federal or state law relating to consumers. B. If a consumer law, other than this chapter, requires a paper record or notice of the transac…

A. Any law requiring an entity, a government agency, a government official or any person acting with official government authority to communicate with a person in writing or by mail may be satisfied by use of a secure electronic delivery service. B. This section does not apply to…

A. A signature that is secured through blockchain technology is considered to be in an electronic form and to be an electronic signature. B. A record or contract that is secured through blockchain technology is considered to be in an electronic form and to be an electronic record…