Title 8, Commercial Transactions

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

As used in ORS 84.001 to 84.061: (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 given the effect of agreements under laws otherwise applicable to a particular tra…

(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. (2) ORS 84.001 to 84.061 do not apply to a transaction to the extent it is governed by: (a) A law governing th…

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]

(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. (2) ORS 84.001 to 84.061 apply only to transactions between parties, each of whic…

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 ele…

ORS 84.001 to 84.061 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 of those practices; and (3) To ef…

(1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (3) If a law requires a record to be …

(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 elec…

(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 re…

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 party has conformed to the procedure, but the other pa…

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 applic…

(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: (a) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic r…

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

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 agreements. (2) A contract may be …

(1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (a) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic r…

(1) As used in this section, “transferable record” means an electronic record that: (a) Would be a note under ORS chapter 73 or a document under ORS chapter 77 if the electronic record were in writing; and (b) The issuer of the electronic record expressly has agreed is a transfer…

(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. (2) A person with authority to crea…

(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,…

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 nongovernment…

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…

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 Signat…

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] MISCELLANEOUS PROVISIONS

(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. (2) The State Chief Information Officer shall adopt rules to govern state agency use of electronic signatures. The rules must i…

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]

(1) As used in this section: (a) “Consumer” means: (A) An individual who obtains, through a transaction, products or services that are used primarily for personal, family or household purposes; and (B) The legal representative of the individual. (b) “Electronic record,” “informat…

(1) As used in this section: (a) “Agreement” has the meaning given that term in ORS 84.004. (b) “Public body” has the meaning given that term in ORS 174.109. (2) A public body may send to a person by electronic mail a notice that a law of this state requires the public body to se…