Chapter 84 — Chapter 84

ORS 84.001 Short title. ORS 84.001 to 84.061 may be cited as the Uniform Electronic Transactions Act. [2001 c.535 §1]

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ORS 84.004 Definitions for ORS 84.001 to 84.061. As used in ORS 84.001 to 84.061

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ORS 84.007 Scope. (1) Except as otherwise provided in subsection (2) of this section, ORS 84.001 to 84.061 apply to electronic records and electronic signatures relating to a transaction

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ORS 84.010 Prospective application. ORS 84.001 to 84.061 apply to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after June 22, 2001. [2001 c.535 §4]

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ORS 84.013 Use of electronic records and electronic signatures; variation by agreement. (1) ORS 84.001 to 84.061 do 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

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ORS 84.014 Consent for conducting transaction with governmental agency. Notwithstanding the provisions of ORS 84.013, a governmental agency does not require an individual’s agreement or consent to conduct a transaction by electronic means or create or retain an electronic record of a transaction if the governmental agency conducts transactions by electronic means or creates, sends, accepts, generates, communicates, stores, processes, uses or relies on electronic records of transactions regularly and in the course of the governmental agency’s ordinary business. [2011 c.39 §2]

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ORS 84.016 Construction and application. ORS 84.001 to 84.061 must be construed and applied

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ORS 84.019 Legal recognition of electronic records, electronic signatures and electronic contracts. (1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form

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ORS 84.022 Provision of information in writing; presentation of records. (1) 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 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. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record

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ORS 84.025 Attribution and effect of electronic record and electronic signature. (1) 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 any security procedure applied to determine the person to which the electronic record or electronic signature was attributable

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ORS 84.028 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

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ORS 84.031 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 information required to be included by other applicable law, is attached to or logically associated with the signature or record. [2001 c.535 §11]

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ORS 84.034 Retention of electronic records; originals. (1) 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

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ORS 84.037 Admissibility in evidence. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. [2001 c.535 §13]

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ORS 84.040 Automated transaction. In an automated transaction, the following rules apply

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ORS 84.043 Time and place of sending and receipt. (1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it

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ORS 84.046 Transferable records. (1) As used in this section, “transferable record” means an electronic record that

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ORS 84.049 Creation and retention of electronic records by governmental agency; conversion of records into electronic records. (1) A governmental agency of this state shall determine whether, and the extent to which, the governmental agency will create and retain electronic records or convert written records or records that exist in other forms into electronic records

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ORS 84.052 Acceptance and distribution of electronic records by governmental agencies. (1) Except as otherwise provided in ORS 84.034 (6), each governmental agency of this state shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use and rely upon electronic records and electronic signatures

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ORS 84.055 Interoperability. A governmental agency in this state that adopts standards pursuant to ORS 84.052 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this state and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application. [2001 c.535 §19]

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ORS 84.058 Severability clause. If any provision of ORS 84.001 to 84.061 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions of ORS 84.001 to 84.061 that can be given effect without the invalid provision or application, and to this end the provisions of ORS 84.001 to 84.061 are severable. [2001 c.535 §20]

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ORS 84.061 Federal electronic signatures law partially superseded. ORS 84.001 to 84.061 constitute the adoption of the Uniform Electronic Transactions Act as approved and recommended for enactment by the National Conference of Commissioners on Uniform State Laws in 1999 and supersede the provisions of section 101 of the federal Electronic Signatures in Global and National Commerce Act (P.L. 106-229) in accordance with section 102(a) of the federal Act. [2001 c.535 §21]

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ORS 84.063 Rules. A governmental agency may adopt rules necessary to implement the provisions of ORS 84.014 and the amendments to ORS 84.049 by section 3, chapter 39, Oregon Laws 2011. [2011 c.39 §4]

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ORS 84.064 State Chief Information Officer duties; rules. (1) For purposes of ORS 84.049, 84.052 and 84.055, the State Chief Information Officer shall make determinations and adopt standards for state agencies

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ORS 84.067 State Archivist duties. Nothing in ORS 84.049 limits or modifies the powers and duties of the State Archivist under ORS 192.005 to 192.170 and 357.805 to 357.895. [2001 c.535 §23]

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ORS 84.070 Consumer transactions; treatment of oral communications; consent to use of electronic records. (1) As used in this section

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ORS 84.072 Conditions under which public body may send notice by electronic mail. (1) As used in this section

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