A third party may be used to retain records. The act validates electronic records as originals where the law requires retention of the original. An electronic record of a check is valid only if the front and the back of the check are recorded. Nothing in the act precludes a state agency from imposing additional record retention requirements. The act provides that electronic records cannot be denied admissibility into evidence solely because they are electronic.
A person may form a contract by using an electronic agent even if no one is aware of or reviews the agent ' s actions or the resulting terms and agreements. In such contracts, the principal is bound by the contract his agent makes. For example, articles purchased from a website by a click of a button obligates the owner of the site to produce the article at the posted price.
This section establishes default rules regarding when and from where an electronic record is sent and received. It does not address what happens when a record is unintelligible or unusable by a recipient. The effectiveness of an illegible record and whether it binds any party are left to other law. Unless otherwise agreed, an electronic record is sent when it:. Unless otherwise agreed, an electronic record is received when:. The record is received even if no one is aware of its arrival. An acknowledgement of receipt sent by an information processing system establishes that a record was received but, by itself, does not establish that the contents sent correspond to those received.
Unless otherwise expressly provided, an electronic record is deemed sent from and received at the parties ' place of business. If the parties do not have a place of business, their residence substitutes as the place of business. If the issuer of a record explicitly agrees it is subject to the act, a person in control of the record may have the rights, and an obligor may have the liabilities, that exist for an equivalent paper record or document under the UCC.
These sections authorize state agencies to create, retain, accept, and distribute electronic records and to convert written records into electronic databases. They also authorize agencies to adopt necessary regulations. Part two of the UECA sets out special rules for particular kinds of communications including the formation and operations of contracts, the effect of using automated transactions, and deemed time of sending and the place of sending and receiving computer messages.
Part three makes special provisions for the carriage of goods. ETAs address such aspects of electronic contracting as recognition of legal effect of contracts in electronic form, conditions for satisfaction of requirement for records to be in writing, electronic signature, formation and operation of electronic contracts.
As mentioned above the second group consists of countries, where only some of electronic contracting issues are covered by the legislation. To the opinion of governments of many states the most important problem, solution of which will significantly contribute to further development of e-commerce and electronic contracting is guaranteeing legal efficacy of electronic records, electronic authentication and the binding nature of electronic communications.
The main leitmotif of these statutes is assuring that electronic signature is granted the same legal force that a hand-written signature in written documents has and is admissible as evidence in court. All these acts provide that the electronic signature must be certificated by a certification-service provider CSP , who is responsible for issuing of private keys and for maintenance of depository of public keys.
Generally, CSP is obliged with reasonable professional care: 1 to use trustworthy systems and products, which are protected against modification and ensure the technical and cryptographic security of the process supported by them, and 2 to take security measures against forgery of certificates, and, in cases where it generates signature creation data, guarantee confidentiality of the data during the whole process of generating these data.
In countries, which belong to the third group, the process of elaboration of electronic contracting law just started. Like in the countries of the second group the main attention is paid to the electronic signature. So, completing the reviewing of country-by-country law in the sphere of electronic contracting the following conclusions must be made:.
The primary concerns of this Act are to assure that: 44973otwithstanding any statute, regulation, or other rule of law…, with respect to any transaction [7] in or affecting interstate or foreign commerce — 1. So, completing the reviewing of country-by-country law in the sphere of electronic contracting the following conclusions must be made: Taking the existence and scope of legal regulation as a criterion, three groups of countries can be distinguished: 1 countries with comprehensive, all-caught legislation, which cover all aspects of electronic contracting the main representatives are the USA and Canada , 2 countries with electronic signature legislation, 3 countries, where only drafts of legislation can be found.
The US and Canadian schemes of regulation of electronic contracting because of their completeness and comprehensiveness can be used as guides for the development of Ukrainian law in this sphere.
Legal Definitions Based on the definitions set forth in the UETA, an electronic record and an electronic signature are two different things that must be linked together in order to remain enforceable under the law. Notarization Documents that must be notarized or made under oath can still be submitted electronically, so long as the notary or professional who is authorized to witness these types of contracts is able to have his or her signature included in electronic form.
It has been adopted by 47 states; the remaining three have similar state legislation in place. The act pertains primarily to electronic contracts and is supported by RightSignature. Start a Free Trial Now. Barthelemy St.
Helena St. Lucia St. Maarten St. Martin St. Pierre et Miquelon St.
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