Title 28, COMMERCIAL TRANSACTIONS

28-50-103. Scope. (a) Except as otherwise provided in subsection (b) of this section, this chapter applies 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 govern…

28-50-104. Prospective application. This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the initial effective date of this chapter.

28-50-105. 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 for…

28-50-106. Construction and application. This chapter must 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 …

28-50-107. Legal recognition of electronic records, electronic signatures and electronic contracts — Electronic transmittal in lieu of certified mail. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contrac…

28-50-108. 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…

28-50-109. 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 …

28-50-110. Effect of change or error. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one (1) party has co…

28-50-111. Notarization and acknowledgment. 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 inform…

28-50-112. Retention of electronic records — Originals. (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 which: (1) Accurately reflects the information set forth in the record after it…

28-50-113. Admissibility in evidence. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.

28-50-114. Automated transaction. In an automated transaction, the following rules 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 terms and …

28-50-115. Time and place of sending and receipt. (a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated…

28-50-116. Transferable record. (a) In this section, "transferable record" means an electronic record that: (1) Would be a note under chapter 3, title 28, Idaho Code (uniform commercial code — negotiable instruments) or a document under chapter 7, title 28, Idaho Code (uniform co…

28-50-117. 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…

28-50-118. Acceptance and distribution of electronic records by governmental agencies. (a) Except as otherwise provided in section 28-50-112(f), Idaho Code, each governmental agency of this state shall determine whether, and the extent to which, it will send and accept electronic…

28-50-119. Interoperability. The governmental agency of this state which adopts standards pursuant to section 28-50-118, Idaho Code, may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other state…

28-50-120. Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or applicatio…

28-51-103. Payment card receipts. (1) As used in this section, the term: (a) "Cardholder" means a person or organization named on the face of a payment card to whom or for whose benefit the payment card is issued. (b) "Merchant" means a person or organization who receives from a …

28-51-104. Definitions. For purposes of sections 28-51-104 through 28-51-107, Idaho Code: (1) "Agency" means any "public agency" as defined in section 74-101, Idaho Code. (2) "Breach of the security of the system" means the illegal acquisition of unencrypted computerized data tha…

28-51-105. Disclosure of breach of security of computerized personal information by an agency, individual or a commercial entity. (1) A city, county or state agency, individual or a commercial entity that conducts business in Idaho and that owns or licenses computerized data that…

28-51-106. Procedures deemed in compliance with security breach requirements. (1) An agency, individual or a commercial entity that maintains its own notice procedures as part of an information security policy for the treatment of personal information, and whose procedures are ot…

28-51-107. Violations. In any case in which an agency’s, commercial entity’s or individual’s primary regulator has reason to believe that an agency, individual or commercial entity subject to that primary regulator’s jurisdiction under section 28-51-104(6), Idaho Code, has violat…

28-52-101. Short title. This chapter shall be known and cited as the "Credit Report Protection Act."

28-52-102. Definitions. In this chapter: (1) "Consumer" means a natural person. (2) "Consumer reporting agency" means a person who, for fees, dues or on a cooperative basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a…

28-52-103. Security freeze. (1) A consumer may place a security freeze on the consumer’s credit report by: (a) Making a request to a consumer reporting agency in writing by regular or certified mail at an address designated by the consumer reporting agency to receive the request;…

28-52-104. Removal of security freeze — Requirements and timing. (1) A consumer reporting agency may remove a security freeze from a consumer’s credit report only if the consumer reporting agency receives the consumer’s request through a contact method established and required in…

28-52-105. Exceptions. (1) Notwithstanding subsection (1) of section 28-52-103, Idaho Code, a consumer reporting agency may furnish a consumer’s credit report to a third party if the purpose of the credit report is to: (a) Use the credit report for purposes permitted under 15 U.S…

28-52-106. Fees for security freeze. (1) Except as provided in subsection (2) of this section, a consumer reporting agency may not charge an administrative fee to a consumer for the first placement of a security freeze during a twelve (12) month period, and for the first temporar…

28-52-107. Changes to information in a credit report subject to a security freeze. (1) If a credit report is subject to a security freeze, a consumer reporting agency shall notify the consumer who is the subject of the credit report within thirty (30) days if the consumer reporti…

28-52-108. Protection of personal information. (1) Except as otherwise specifically provided by law, a person shall not intentionally communicate an individual’s social security number to the general public. (2) The state of Idaho, a department, agency, board, commission or other…

28-52-109. Enforcement. (1) Except as otherwise specified in this section, any credit reporting agency that willfully fails to comply with any requirement imposed under this chapter with respect to any consumer is liable to that consumer in an amount equal to the sum of: (a) Any …

28-5301. short title. This chapter shall be known and may be cited as the "Digital Assets Act."

28-5302. scope. This chapter defines the legal status of digital assets. Digital assets are subject to applicable laws or rules that apply to their business or activity.

28-5303. Definitions. As used in this chapter: (1) "Adverse claim" means a claimant that has a property interest in a virtual currency or a right to payment evidenced by the virtual currency. (2) "Control" means the ability to exclude others from the use of property and includes …

28-5304. Classification of digital assets. Digital assets are intangible personal property and are classified as follows: (1) Digital assets are intangible personal property and are general intangibles as defined in section 28-9-102, Idaho Code. (2) Digital securities are intangi…

28-5305. purchase and sale. (1) Digital assets may be purchased and sold in the same manner and subject to the same laws of this state as other personal property. A purchaser or seller may be identified in any way including by name, identifying number, private key, office, or acc…

28-5306. perfection by possession or control. (1) Perfection by possession creates a possessory security interest under section 28-9-301, Idaho Code. (2) A security interest held by a secured party having possession or control has priority over a security interest held by a secur…