Title 26, Trade Regulation And Practice

[§489E-13] Admissibility in evidence. In a proceeding, evidence of a record or signature shall not be excluded solely because it is in electronic form. [L 2000, c 282, pt of §1]

[§489E-14] Automated transaction. In an automated transaction, the following rules shall 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 term…

[§489E-15] Time and place of sending and receipt. (a) Unless the sender and recipient agree to a different method of sending that is reasonable under the circumstances, an electronic record is sent when it: (1) Is addressed properly or otherwise directed properly to an informatio…

§489E-16 Transferable records. (a) In this section, "transferable record" means an electronic record that: (1) Would be a note under article 3 of the Uniform Commercial Code or a document under article 7 of the Uniform Commercial Code if the electronic record were in writing; and…

[§489E-17] Creation and retention of electronic records and conversion of written records by governmental agencies. Each governmental agency of this State shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to…

[§489E-18] Acceptance and distribution of electronic records by governmental agencies. (a) Except as otherwise provided in section 489E-12(f), each governmental agency of this State shall determine whether, and the extent to which, it will send and accept electronic records and e…

[§489E-19] Interoperability. An agency of this State which adopts standards pursuant to section 489E-18 may encourage and promote consistency and interoperability with similar requirements adopted by other agencies of this and other states and the federal government and nongovern…

[§489E-2] Definitions. In this chapter: "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…

§489E-3 Scope. (a) This chapter shall apply to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils, or testament…

[§489E-4] Prospective application. This chapter shall apply to any electronic record or electronic signature created, generated, sent, communicated, or received on or after June 28, 2000. [L 2000, c 282, pt of §1]

[§489E-5] 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.…

[§489E-6] Construction and application. This chapter shall 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 …

[§489E-7] Legal recognition of electronic records, electronic signatures, and electronic contracts. (a) A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract shall not be denied legal effect or enforceabil…

[§489E-8] 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 i…

[§489E-9] 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 a…