§7002 — Title 15 Commerce and Trade | U.S. Code

Summary

States can change or override the rule about electronic records and signatures in two ways. One way is to adopt the 1999 Uniform Electronic Transactions Act (UETA); any exception a State makes under UETA section 3(b)(4) is preempted if it conflicts with federal law. The other way is to set alternative procedures for using or accepting electronic records or signatures, as long as those procedures follow federal law and do not require or favor a specific technology. Rules made after June 30, 2000 must cite this chapter. The ban on naming specific technologies does not apply to State procurement. States may not dodge federal law by forcing nonelectronic delivery under UETA section 8(b)(2).

Title 15, §7002

Commerce and Trade — Source: USLM XML via OLRC

(a)A State statute, regulation, or other rule of law may modify, limit, or supersede the provisions of section 7001 of this title with respect to State law only if such statute, regulation, or rule of law—

(1)constitutes an enactment or adoption of the Uniform Electronic Transactions Act as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 1999, except that any exception to the scope of such Act enacted by a State under section 3(b)(4) of such Act shall be preempted to the extent such exception is inconsistent with this subchapter or subchapter II, or would not be permitted under paragraph (2)(A)(ii) of this subsection; or

(2)(A)specifies the alternative procedures or requirements for the use or acceptance (or both) of electronic records or electronic signatures to establish the legal effect, validity, or enforceability of contracts or other records, if—

(i)such alternative procedures or requirements are consistent with this subchapter and subchapter II; and

(ii)such alternative procedures or requirements do not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification for performing the functions of creating, storing, generating, receiving, communicating, or authenticating electronic records or electronic signatures; and

(B)if enacted or adopted after June 30, 2000, makes specific reference to this chapter.

(b)Subsection (a)(2)(A)(ii) shall not apply to the statutes, regulations, or other rules of law governing procurement by any State, or any agency or instrumentality thereof.

(c)Subsection (a) does not permit a State to circumvent this subchapter or subchapter II through the imposition of nonelectronic delivery methods under section 8(b)(2) of the Uniform Electronic Transactions Act.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2000, with exceptions relating to record retention and certain loans, see section 107 of Pub. L. 106–229, set out as a note under section 7001 of this title.

§7002 Exemption to Preemption

Summary

Title 15, §7002

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata