The Uniform Electronic Transactions Act free essay sample

The Uniform Electronic Transactions Act (UETA) is one of the several United States Uniform Acts proposed by the National Conference of Commissioners on Uniform State Laws to provide a legal framework for the use of electronic signatures and records in government or business transactions. UETA makes electronic records and signatures as legal as paper and manually signed signatures. Approved by the National Conference of Commissioners on Uniform State Laws in 1999, Forty-seven states, the District of Columbia, Puerto Rico, and the Virgin Islands have adopted the Uniform Electronic Transactions Act (UETA) Washington, Illinois, New York have not adopted the act. ?Washington: Residents of Washington State are protected by the state’s Electronic Authentication Act, which was enacted in 1997 as a way to â€Å"facilitate commerce by means of reliable electronic messages. † This act was especially important, because it was the first of its kind in the U. S. Illinois: In the state of Illinois, the Electronic Commerce Security Act went into effect on July 1, 1999. We will write a custom essay sample on The Uniform Electronic Transactions Act or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The law was intended to eliminate uncertainty over the legal requirements for secure electronic signatures and records, however it refrained from offering any strict definitions with regard to which technologies or platforms should be used. ?New York: New York State adopted the Electronic Signatures and Records Act, which ensures that electronic signatures are just as legally binding as those written in pen and gives the government authority to archive records electronically versus in paper format. an electronic record and an electronic signature are two different things that must be linked together in order to remain enforceable under the law. For example, an e-signature must be attached to or located somewhere on the electronic document in order for the document to be valid in a legal sense Before adoption of this Act, most states required banks to retain physical copies of all checks they process. Obviously, keeping these checks in electronic form only would simplify storage and access concerns for banks. UETA aims to fix this by unifying these laws to allow for electronic retention. In much the same fashion, UETA addresses the need to retain paper copies of other records and contracts, effectively giving legally binding status to electronic documents and signatures. * the UETA does not govern wills, trusts, and a number of other transactions that are managed by the courts. Instead, the UETA focuses solely on electronic contracts related to â€Å"business, commercial (including consumer) and governmental matters. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties conduct. Section 7 gives legal recognition to electronic signatures, records and contracts (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law. Section 8 provides that the information be available to all parties. Section 9 discusses the attribution and effect of electronic record and electronic signatures (a) 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. (b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties agreement, if any, and otherwise as provided by law. Section 10 defines the conditions if a change or error in an electronic record occurs in a transmission between parties to a transaction Section 11 This Section permits a notary public and other authorized officers to act electronically, effectively removing the stamp/seal requirements. Section 13 In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.