North Carolina Administrative Code

18 ncac 07j .0608 website content A technology provider's website shall include the following content in the order set out in this Rule: (1) the provider's name; (2) the provider's contact information, including: (a) a general telephone number; (b) a sales number, if different; a…

18 ncac 07j .0609 updating single link url A technology provider shall notify the Department within five business days of a change in the URL of the information required by Rule .0606 of this Section. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 1…

18 ncac 07j .0610 encryption of data A technology provider shall securely encrypt data while it is at rest and in transit. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.19; 10B-134.21; 10B-134.23; Eff. July 1, 2025.

18 ncac 07j .0611 data stored domestically A technology provider shall: (1) store all data associated with the notarial transaction process in the United States while the data is at rest; and (2) certify compliance with Item (1) of this Rule: (a) on its initial and subsequent app…

18 ncac 07j .0612 data storage facility requirements A technology provider shall store all data associated with a notarial session in facilities that are: (1) climate-controlled; and (2) secure from unauthorized physical access. History Note: Authority G.S. 10B-4; 10B-106; 10B-12…

18 ncac 07j .0613 data center security A technology provider shall ensure that each data center it uses has physical security measures in place that include: (1) restricting physical system access to personnel authorized by the provider to access the data center's system; (2) mon…

18 NCAC 07J .0614 certification re data center security A technology provider shall certify its compliance with Rules .0612 and .0613 of this Section on its: (1) initial and subsequent applications; and (2) verification of compliance pursuant to Rule .0211 of this Subchapter, if …

18 ncac 07j .0615 maintenance of software and hardware A technology provider's hardware, software, and firmware for systems supporting the electronic notary solution shall: (1) not be classified as end-of-life by their manufacturers; (2) still be eligible for vendor security patc…

18 ncac 07j .0616 configuration management plan A technology provider shall maintain a configuration management plan for systems supporting the electronic notary solution that addresses: (1) maintenance of an accurate inventory of items including: (a) software; (b) hardware; and …

18 NCAC 07J .0617 identification and access control A technology provider shall implement personnel identification and access control measures for systems supporting the electronic notary solution that: (1) designate and authorize users; (2) assign access to its data and systems …

18 NCAC 07J .0618 identification and access control by third party vendors and supporting vendors A technology provider shall confirm that each of its third-party and supporting vendors maintain and implement identification and access control measures equivalent to or more string…

18 ncac 07j .0619 vulnerability detection and remediation A technology provider shall: (1) at least weekly execute or cause to be executed a third party security program which shall evaluate each system endpoint for indications of malware, known security risks, and other vulnerab…

18 ncac 07j .0620 it security audit A technology provider shall have a third-party audit of its IT security conducted at least once every three years: (1) sufficient to comply with Rule .0622 of this Section; and (2) by Certified Information Systems Auditors or the equivalent. Hi…

18 ncac 07j .0621 summary of it security audit A technology provider shall provide a summary to the Department of its most recent IT security audit, which shall not be more than three years old: (1) on its initial and subsequent applications; and (2) on its verification of compli…

18 NCAC 07J .0622 contents of it security audit summary (a) The IT audit summary provided to the Department pursuant to Rule .0620 of this Section shall include: (1) the date of the audit; (2) the third-party audit standards by which the audit was conducted; (3) the name, contact…

18 ncac 07j .0623 cybersecurity incident prevention A technology provider shall take steps to prevent cybersecurity incidents by: (1) logging and monitoring access to the system; and (2) detecting, tracking, and addressing security flaws. History Note: Authority G.S. 10B-4; 10B-1…

18 ncac 07j .0624 security plan A technology provider shall maintain a security plan specifying how it will comply with laws, rules, and the Department's protocols related to: (1) physical security; and (2) IT security. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B…

18 ncac 07j .0626 security incident response plan A technology provider shall maintain a security incident response plan that: (1) addresses the capabilities required by the rules in this Section; (2) includes annual testing; and (3) is revised annually, as needed. History Note: …

18 ncac 07j .0627 cybersecurity incident response A technology provider shall: (1) detect and respond to any cybersecurity incident; (2) store evidence related to a cybersecurity incident in a manner that: (a) establishes chain of custody; and (b) preserves chain of custody; and …

18 ncac 07j .0628 contingency plan requirement A technology provider shall maintain a contingency plan for recovery to a functional state in the event of a cybersecurity incident or other service disruption of: (1) its authorized electronic notary solutions; (2) the following bus…

18 ncac 07j .0629 contents of contingency plan A technology provider's contingency plan shall include: (1) the manner in which it will recover its authorized services to a functional state; (2) a projected timeline for recovery to a functional state; and (3) required notices to t…

SECTION .0700 – ELECTRONIC SIGNATURE AND SEAL STANDARDS 18 NCAC 07J .0701 APPLICATION OF ELECTRONIC SEAL An electronic notary seal shall be applied only by an electronic notary using an IPEN or platform provider's electronic notary solution. History Note: Authority G.S. 10B-4; 10…

18 ncac 07j .0702 compliance with electronic signature and seal rules An IPEN or platform provider's electronic notary solution shall enable an electronic notary public to comply with the following rules: (1) 18 NCAC 07F Section .0700, Electronic Notary Signature; (2) 18 NCAC 07F…

18 ncac 07j .0703 application of electronic signature An IPEN or platform provider's electronic notary solution shall enable an electronic notary public to affix the electronic notary's electronic signature on an electronic notarial certificate. History Note: Authority G.S. 10B-4…

18 ncac 07j .0704 electronic signature appearance An IPEN or platform provider's electronic notary solution shall enable an electronic notary public to apply the electronic notary's electronic signature to an electronic record being notarized only if: (1) the electronic signature…

18 ncac 07j .0705 electronic signature and seal review An IPEN or platform provider's electronic notary solution shall enable an electronic notary public to comply with 18 NCAC 07F .0710 and .0815 by permitting the electronic notary to: (1) view the electronic signature and seal …

18 ncac 07j .0706 electronic signature and seal changes If an IPEN or platform provider's electronic notary solution receives a registration certificate reflecting a change in an electronic notary public's name, county, or expiration date, the provider shall: (1) use the Departme…

SECTION .0800 – ELECTRONIC JOURNAL STANDARDS 18 ncac 07j .0801 electronic journal required An IPEN or platform provider's electronic notary solution shall provide an electronic journal in which an electronic notary can record all completed and canceled electronic notarial transac…

18 NCAC 07J .0802 Compliance with journal rules An IPEN or platform provider shall design its electronic journals in a way that enables an electronic notary public to comply with the journal rules in this Chapter. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; …

18 NCAC 07J .0803 journal entry for each notarial transaction An IPEN or platform provider shall design its electronic journals to require a single journal entry for each: (1) notarial act; (2) canceled notarial act; and (3) supplemental journal entry. History Note: Authority G.S…

18 NCAC 07J .0804 CLASSIFICATION OF JOURNAL ENTRIES An IPEN solution or platform provider shall design its electronic journals to enable a notary public to classify each journal entry as: (1) a completed notarial act; (2) a canceled notarial transaction; or (3) a supplemental jou…

18 NCAC 07J .0805 Minimum length of notes field An IPEN solution or platform provider shall design its electronic journals to provide a notes field: (1) that allows a notary to enter observations about a notarial transaction; and (2) that accommodates at least 3,000 characters. H…

18 NCAC 07J .0806 Journal data validation An IPEN or platform provider shall design its electronic journal to allow a notary public to review, amend, or confirm information in all fields contained within a journal entry before committing it. History Note: Authority G.S. 10B-4; 10…

18 NCAC 07J .0807 committed journal entry amendments prohibited An IPEN or platform provider shall design its electronic journal to prohibit amendment of an electronic journal entry after it is committed by the notary public. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b…

18 NCAC 07J .0808 printing of electronic journal information An IPEN or platform provider shall design its electronic journal to permit the notary public to print a tangible and legible copy of each journal entry selected by the notary. History Note: Authority G.S. 10B-4; 10B-106…

18 NCAC 07J .0809 journal search An IPEN or platform provider shall ensure that its electronic journal can be searched based on the information entered by a notary public in any field in the journal. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10…

18 NCAC 07J .0810 Segregation of entries An IPEN or platform provider shall ensure that entries in its electronic journals can be annotated and distinguished from other entries. Note: An example of separate and distinguishing annotation would be flagging entries subject to a liti…

18 NCAC 07J .0811 NOTARY ACCESS TO JOURNAL During the contract period in which a notary public has use of an IPEN or platform provider's electronic journal, the provider shall make the entries and journal: (1) viewable by the notary; (2) printable by the notary; (3) available for…

18 NCAC 07J .0812 Termination of relationship with notary An IPEN or platform provider shall do the following upon the termination of its relationship with a notary public: (1) within 45 days, transfer the notary's electronic journal to a custodian; and (2) delete the electronic …

18 NCAC 07J .0813 supplemental journal entries An IPEN or platform provider's electronic journal shall allow a notary public to record one or more supplemental journal entries pursuant to 18 NCAC 07I .0308. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134…

SECTION .0900 – COMMUNICATION TECHNOLOGY STANDARDS 18 NCAC 07j .0901 Access limited A platform provider shall limit participation in a notarial session to individuals authorized to have access by: (1) the notary public who will perform the notarial acts; (2) the principals in the…

18 NCAC 07J .0902 VIEW OF DOCUMENT The communication technology shall allow an electronic notary public to view the application of the principal's signature to any document being notarized. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; …

18 NCAC 07J .0903 video standards A platform provider's communication technology shall enable: (1) comparison by the notary of a remotely located principal's facial features with the credential that was used for credential analysis; (2) visual communication between the notary, pr…

18 ncac 07j .0904 video customization standard A platform provider's communication technology shall include a feature that allows each participant to lock the size and position of a priority video window and can be located easily by a participant in a notarial transaction. Histor…

18 NCAC 07J .0905 audio standards A platform provider's communication technology shall support audio interactions between all participants in a notarial transaction that: (1) provide live audio transmission for the duration of the notarial transaction; (2) provide clarity and vol…

18 nCAC 07J .0906 written communication standard A platform provider's communication technology shall support: (1) live transmission of on-screen text communication between all participants in a notarial transaction; (2) CART captioning pursuant to Rule .0903 of this Section; and…

18 NCAC 07j .0907 recording capability A platform provider's communication technology shall: (1) permit recording of a remote electronic notarial session; and (2) provide the electronic notary public with the controls to: (a) initiate a communication technology recording; (b) con…

18 NCAC 07J .0908 recording content A platform provider's communication technology shall preserve all audio, visual, and written content as it occurred or was presented during the notarial session. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-…

18 ncac 07j .0909 recording metadata A platform provider's communication technology shall associate metadata to a communication technology recording documenting: (1) the format of the recording; and (2) the length of the recording. History Note: Authority G.S. 10B-4; 10B-106; 10B…

18 ncac 07j .0910 recording of remote judicial actions or proceedings Any recording of a remote judicial action or proceeding authorized by G.S. 10B-134.9(d) shall be exempted from the rules of this Subchapter. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B…