§7002 Exemption to Preemption

Summary

A State may change or override the federal rules about electronic records and signatures only in two ways. One way is by adopting the Uniform Electronic Transactions Act (the UETA) that was approved in 1999. If a State adds an exception to that Act under its section 3(b)(4) that conflicts with the federal rules here, that exception is overridden. The other way is by making its own alternative rules for how to use or accept electronic records or signatures, as long as those rules agree with the federal rules and do not require or favor any specific technology. Any rule made after June 30, 2000 must mention this federal chapter. The ban on requiring a specific technology does not apply when a State is buying goods or services for itself (procurement). Also, a State may not avoid these federal rules by forcing nonelectronic delivery methods under section 8(b)(2) of the UETA.