USA UETA

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USA
Legislation: Uniform Electronic Transactions Act (UETA)
Status: Enacted
Year Enacted: 2000
Require Smart Cards: No
Require Time-Stamping: No
Excluded Documents: None
Case Law: None

Contents

History

The Uniform Electronic Transactions Act (UETA) was enacted in 2000.

Overview

UETA addresses the retention of paper records and the validity of electronic signatures. UETA is closely related to ESIGN, as both laws were designed to enhance the ability to conduct electronic business by validating electronic signatures and electronic records. UETA is essentially the state version to ESIGN's federal law, and provides legal recognition to electronic signatures, records and contracts. UETA’s definition of electronic signatures and their legal legitimacy has been adopted in 46 States, the District of Columbia, and the U.S. Virgin Islands. This Act simply assures that the signature may be accomplished through electronic means. No specific technology need be used in order to create a valid signature. One’s voice on an answering machine may suffice if the requisite intention is present. Similarly, including one’s name as part of an electronic mail communication also may suffice, as may the firm name on a facsimile. ."[1] In any case the critical element is the intention to execute or adopt the sound or symbol or process for the purpose of signing the related record.

Legislation Definitions & Excerpts

Electronic Signature Definitions

“Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

Requirements Pertaining to Electronic Signatures

A digital signature using public key encryption technology would qualify as an electronic signature. ."[2]

Excluded Documents

Case Law

  • Unknown

References

  • [3]: Link to official law.

Notes

  1. [1] UETA’s Prefatory Note and Comments
  2. [2] UETA’s Prefatory Note and Comments