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 (NCCUSL). Forty-nine states, the District of Columbia, and the U.S. Virgin Islands have adopted the UETA. Its purpose is to harmonize state laws concerning retention of paper records (especially checks) and the validity of electronic signatures.
This act is a precursor to the Electronic Signatures in Global and National Commerce Act (ESIGN) in 2000. [1]
The Uniform Law Commission, also known as the National Conference of Commissioners on Uniform State Laws, was formed in 1892. It is a non-profit unincorporated association, composed of lawyers appointed by each state, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands. The Uniform Law Commission maintains a list of states (and the three other jurisdictions) that have adopted the UETA. [2] While New York has not adopted UETA, it has enacted a similar statute.
The text of the UETA is available on the Uniform Law Commission website. [3]
A digital signature is a mathematical scheme for verifying the authenticity of digital messages or documents. A valid digital signature on a message gives a recipient confidence that the message came from a sender known to the recipient.
The Uniform Commercial Code (UCC), first published in 1952, is one of a number of uniform acts that have been established as law with the goal of harmonizing the laws of sales and other commercial transactions across the United States through UCC adoption by all 50 states, the District of Columbia, and the Territories of the United States.
An electronic signature, or e-signature, is data that is logically associated with other data and which is used by the signatory to sign the associated data. This type of signature has the same legal standing as a handwritten signature as long as it adheres to the requirements of the specific regulation under which it was created.
A promissory note, sometimes referred to as a note payable, is a legal instrument, in which one party promises in writing to pay a determinate sum of money to the other, either at a fixed or determinable future time or on demand of the payee, under specific terms and conditions.
A standard form contract is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position.
A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, whose payer is usually named on the document. More specifically, it is a document contemplated by or consisting of a contract, which promises the payment of money without condition, which may be paid either on demand or at a future date. The term has different meanings depending on its use in the application of different laws and depending on countries and contexts. The word "negotiable" refers to transferable and "instrument" refers to a document giving legal effect by the virtue of the law.
The Electronic Signatures in Global and National Commerce Act is a United States federal law passed by the U.S. Congress to facilitate the use of electronic records and electronic signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically.The Act was signed into law by President Bill Clinton on June 30, 2000, and took effect on October 1, 2000.
The posting rule is an exception to the general rule of contract law in common law countries that acceptance of an offer takes place when communicated. Under the posting rule, that acceptance takes effect when a letter is posted ; the post office will be the universal service provider, such as the UK's Royal Mail, the Australia Post, or the United States Postal Service. In plain English, the "meeting of the minds" necessary to contract formation occurs at the exact moment word of acceptance is sent via post by the person accepting it, rather than when that acceptance is received by the person who offered the contract.
Data retention defines the policies of persistent data and records management for meeting legal and business data archival requirements. Although sometimes interchangeable, it is not to be confused with the Data Protection Act 1998.
This article summarizes the same-sex marriage laws of states in the United States. Via the case Obergefell v. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the exception of American Samoa and sovereign tribal nations.
A Digital Postmark (DPM) is a technology that applies a trusted time stamp issued by a postal operator to an electronic document, validates electronic signatures, and stores and archives all non-repudiation data needed to support a potential court challenge. It guarantees the certainty of date and time of the postmarking. This global standard was renamed the Electronic Postal Certification Mark (EPCM) in 2007 shortly after a new iteration of the technology was developed by Microsoft and Poste Italiane. The key addition to the traditional postmarking technology was integrity of the electronically postmarked item, meaning any kind of falsification and tampering will be easily and definitely detected.
Worldwide, legislation concerning the effect and validity of electronic signatures, including, but not limited to, cryptographic digital signatures, includes:
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date, and the activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty.
Contract law regulates the obligations established by agreement, whether express or implied, between private parties in the United States. The law of contracts varies from state to state; there is nationwide federal contract law in certain areas, such as contracts entered into pursuant to Federal Reclamation Law.
The Misrepresentation Act 1967 is a United Kingdom act of Parliament of the United Kingdom which amended the common law principles of misrepresentation. Prior to the Act, the common law deemed that there were two categories of misrepresentation: fraudulent and innocent. The effect of the act is primarily to create a new category by dividing innocent misrepresentation into two separate categories: negligent and "wholly" innocent; and it goes on to state the remedies in respect of each of the three categories.
Getup Ltd v Electoral Commissioner (2010) was a landmark decision made by the Federal Court of Australia on 13 August 2010 allowing Australians to enrol online in future elections. The Federal Court ruled in favour of GetUp! in their challenge of the Commonwealth Electoral Act 1918, that rejected first-time voter Sophie Trevitt's electronic enrolment application, after her electronic signature was deemed invalid.
The United Nations Convention on the Use of Electronic Communications in International Contracts is a treaty that aims at facilitating the use of electronic communications in international trade. It was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by the United Nations General Assembly on 23 November 2005. Pursuant to Article 23, it entered into force on 1 March 2013, the first day of the month after six months passed following adoption by three States parties, namely the Dominican Republic, Honduras, and Singapore.
Radiation Control for Health and Safety Act of 1968 was an amendment to the Public Health Service Act mandating performance standards for electronic products suspectible of electromagnetic radiation or radiation emissions. The United States statute established provisions involving research and development programs for the studies of electromagnetic shielding, ionizing radiation, non-ionizing radiation, and exposure assessment to humans.
The Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015(Cth) is an Act of the Parliament of Australia that amends the Telecommunications (Interception and Access) Act 1979 (original Act) and the Telecommunications Act 1997 to introduce a statutory obligation for Australian telecommunication service providers (TSPs) to retain, for a period of two years, particular types of telecommunications data (metadata) and introduces certain reforms to the regimes applying to the access of stored communications and telecommunications data under the original Act.
eIDAS is an EU regulation with the stated purpose of governing "electronic identification and trust services for electronic transactions". It passed in 2014 and its provisions came into effect between 2016 and 2018.