PRIOR PRINTER'S NOS. 741, 1182 PRINTER'S NO. 1404
No. 555 Session of 1999
INTRODUCED BY HART, JUBELIRER, MELLOW, BRIGHTBILL, CONTI, DENT,
THOMPSON, GERLACH, WOZNIAK, EARLL, SLOCUM, KUKOVICH, MUSTO,
WAGNER, BOSCOLA, WAUGH, CORMAN, KASUNIC, ROBBINS AND MURPHY,
MARCH 24, 1999
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
OCTOBER 18, 1999
AN ACT
1 Providing for use of electronic records and signatures, for <--
2 application and construction, for legal recognition of
3 electronic records, for provision of information in writing,
4 for attribution and effect of electronic record and
5 signature, for effect of changes and errors, for notarization
6 and acknowledgment, for retention of electronic records and
7 originals, for admissibility in evidence, for formation of
8 contract, for operations of electronic agents, for time and
9 place of sending and receipt, for transferable records, for
10 secure electronic records and signatures, for presumptions
11 and for governmental electronic records and signatures.
12 TABLE OF CONTENTS
13 Chapter 1. General Provisions
14 Section 101. Short title.
15 Section 102. Definitions.
16 Section 103. Scope.
17 Section 104. Use of electronic records and signatures;
18 variation by agreement.
19 Section 105. Application and construction.
20 Section 106. Legal recognition of electronic records,
21 signatures and contracts.
1 Section 107. Provision of information in writing.
2 Section 108. Attribution and effect of electronic record and
3 signature.
4 Section 109. Effect of changes and errors.
5 Section 110. Notarization and acknowledgment.
6 Section 111. Retention of electronic records and originals.
7 Section 112. Admissibility in evidence.
8 Section 113. Formation of contract.
9 Section 114. Time and place of sending and receipt.
10 Section 115. Transferable records.
11 Chapter 2. Secure Electronic Records and Signatures
12 Section 201. Secure electronic records.
13 Section 202. Secure electronic signatures.
14 Section 203. Presumptions.
15 Chapter 3. Governmental Electronic Records
16 Section 301. Creation and retention of electronic records;
17 conversion of written records.
18 Section 302. Sending and accepting electronic records.
19 Section 303. Interoperability.
20 Chapter 4. Miscellaneous Provisions
21 Section 401. Severability.
22 Section 402. Effective date.
23 REGULATING ELECTRONIC TRANSACTIONS. <--
24 TABLE OF CONTENTS
25 CHAPTER 1. PRELIMINARY PROVISIONS
26 SECTION 101. SHORT TITLE.
27 SECTION 102. LEGISLATIVE FINDINGS.
28 SECTION 103. DEFINITIONS.
29 SECTION 104. SCOPE.
30 SECTION 105. PROSPECTIVE APPLICATION.
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1 CHAPTER 3. UNIFORM ELECTRONIC TRANSACTIONS
2 SECTION 301. USE OF ELECTRONIC RECORDS AND ELECTRONIC
3 SIGNATURES; VARIATION BY AGREEMENT.
4 SECTION 302. CONSTRUCTION AND APPLICATION.
5 SECTION 303. LEGAL RECOGNITION OF ELECTRONIC RECORDS,
6 ELECTRONIC SIGNATURES AND ELECTRONIC CONTRACTS.
7 SECTION 304. PROVISION OF INFORMATION IN WRITING; PRESENTATION
8 OF RECORDS.
9 SECTION 305. EFFECT OF CHANGE OR ERROR.
10 SECTION 306. NOTARIZATION AND ACKNOWLEDGMENT.
11 SECTION 307. RETENTION OF ELECTRONIC RECORDS; ORIGINALS.
12 SECTION 308. ADMISSIBILITY IN EVIDENCE.
13 SECTION 309. AUTOMATED TRANSACTION.
14 SECTION 310. TIME AND PLACE OF SENDING AND RECEIPT.
15 SECTION 311. TRANSFERABLE RECORDS.
16 CHAPTER 5. ATTRIBUTION OF RECORDS AND SIGNATURES
17 SECTION 501. ATTRIBUTION OF ELECTRONIC RECORDS AND SIGNATURES.
18 SECTION 502. USE OF SECURITY PROCEDURES.
19 SECTION 503. EFFECT OF USING SECURITY PROCEDURE TO DETECT
20 ERRORS OR CHANGES.
21 CHAPTER 7. GOVERNMENTAL AGENCIES
22 SECTION 701. CREATION AND RETENTION OF ELECTRONIC RECORDS AND
23 CONVERSION OF WRITTEN RECORDS.
24 SECTION 702. ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS.
25 SECTION 703. INTEROPERABILITY.
26 CHAPTER 51. MISCELLANEOUS PROVISIONS
27 SECTION 5101. EFFECTIVE DATE.
28 The General Assembly of the Commonwealth of Pennsylvania
29 hereby enacts as follows:
30 CHAPTER 1 <--
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1 GENERAL PROVISIONS
2 Section 101. Short title.
3 This act shall be known and may be cited as the Electronic
4 Transactions Act.
5 Section 102. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Agreement." The bargain of the parties in fact as found in
10 their language or inferred from other circumstances, and rules,
11 regulations and procedures given the effect of agreements under
12 laws otherwise applicable to a particular transaction.
13 "Automated transaction." A transaction conducted or
14 performed, in whole or in part, by electronic means or
15 electronic records in which the acts or records of one or both
16 parties are not reviewed by an individual in the ordinary course
17 in forming a contract, performing under an existing contract or
18 fulfilling any obligation required by the transaction.
19 "Computer program." A set of statements or instructions to
20 be used directly or indirectly in an information processing
21 system in order to bring about a certain result. The term does
22 not include informational content.
23 "Consumer." An individual involved in a transaction
24 primarily for personal, family or household purposes.
25 "Contract." The total legal obligation resulting from the
26 parties' agreement as affected by this act and other applicable
27 law.
28 "Electronic." Of or relating to technology having
29 electrical, digital, magnetic, wireless, optical,
30 electromagnetic or similar capabilities.
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1 "Electronic agent." A computer program or electronic or
2 other automated means used to initiate or respond to electronic
3 records or performances in whole or in part, without review by
4 an individual in the ordinary course of a transaction.
5 "Electronic record." A record created, stored, generated,
6 received or communicated by electronic means.
7 "Electronic signature." An electronic identifying sound,
8 symbol or process attached to or logically connected with an
9 electronic record and executed or adopted by a person with the
10 intent to associate the person with the electronic record.
11 "Executive agency." A department, board, commission,
12 authority or officer or agency of the executive branch of the
13 Commonwealth subject to the policy, supervision and control of
14 the Governor.
15 "Governmental agency." An executive agency, independent
16 agency, State-affiliated entity or other instrumentality of the
17 Commonwealth. The term includes State-related institutions,
18 authorities and political subdivisions.
19 "Information." Data, text, images, sounds, codes, computer
20 programs, software, data bases or the like.
21 "Information processing system." An electronic system for
22 creating, generating, sending, receiving, storing, displaying or
23 processing information.
24 "Informational content." Information that is intended to be
25 communicated to or perceived by an individual in the ordinary
26 use of the information.
27 "Person." An individual, corporation, business trust,
28 estate, trust, partnership, limited liability company,
29 association, joint venture, governmental agency or public
30 corporation, or any other legal or commercial entity.
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1 "Record." Information that is inscribed on a tangible medium
2 or that is stored in an electronic or other medium and is
3 retrievable in perceivable form.
4 "Security procedure." A procedure employed for the purpose
5 of verifying that an electronic signature, record or performance
6 is that of a specific person or for detecting changes or errors
7 in the informational content of an electronic record. The term
8 includes a procedure that requires the use of algorithms or
9 other codes, identifying words or numbers, encryption, callback
10 or other acknowledgment procedures.
11 "Transaction." An action or set of actions relating to the
12 conduct of business or governmental affairs and occurring
13 between two or more persons.
14 "Transferable record." An electronic record that:
15 (1) if the electronic record were in writing, would be a
16 note under Division 3 of the Uniform Commercial Code (13
17 Pa.C.S. § 101 et seq.); and
18 (2) the obligor has agreed expressly is subject to the
19 provisions of this act.
20 "Writing." Printing, typewriting and any other intentional
21 reduction of a record to tangible form. The term has a
22 corresponding meaning.
23 Section 103. Scope.
24 (a) Application of act.--Except as otherwise provided in
25 subsection (b), this act applies to electronic records and
26 electronic signatures that relate to any transaction.
27 (b) Exceptions.--This act does not apply to electronic
28 records and electronic signatures when used for purposes of
29 transactions governed by any of the following:
30 (1) A law governing the creation and execution of wills,
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1 codicils and testamentary trusts.
2 (2) Divisions 3, 4, 4A, 5, 7 and 8 of the Uniform
3 Commercial Code (13 Pa.C.S. § 101 et seq.).
4 (3) Revised Divisions 2, 2A and 9 of the Uniform
5 Commercial Code (13 Pa.C.S. § 101 et seq.).
6 (4) Other laws, if any, identified by the Commonwealth.
7 (5) Laws specifically excluded by any governmental
8 agency of this Commonwealth under Chapter 2.
9 (c) Electronic records and signatures.--This act applies to
10 electronic records and signatures otherwise subject to
11 subsection (b) when used for purposes of transactions governed
12 by laws other than those specified in subsection (b).
13 (d) Exception.--This act does not affect a requirement in a
14 law relating to a specific means of delivery or display of
15 information.
16 (e) Other substantive law.--A transaction subject to this
17 act is also subject to other applicable substantive law. These
18 laws must be construed, whenever reasonable, as consistent with
19 this act.
20 Section 104. Use of electronic records and signatures;
21 variation by agreement.
22 (a) Electronic means or form not required.--This act does
23 not require that records or signatures be generated, stored,
24 sent, received or otherwise processed or used by electronic
25 means or in electronic form.
26 (b) Reasonable use.--The use of an electronic record or
27 electronic signature in a transaction must be reasonable.
28 Whether the use of an electronic record or electronic signature
29 in a transaction is reasonable must be determined from the
30 circumstances and context in which it is used, including the
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1 parties' statements and agreement, if any, and other applicable
2 law. The obligation of reasonableness prescribed in this
3 subsection may not be disclaimed by agreement.
4 (c) Variation by agreement.--Except as otherwise provided in
5 this act, the effect of any provision of this act may be varied
6 by agreement between parties involved in generating, storing,
7 sending, receiving or otherwise processing or using electronic
8 records or electronic signatures. The presence in certain
9 provisions of this act of the words "unless otherwise agreed,"
10 or words of similar import, does not imply that the effect of
11 other provisions may not be varied by agreement.
12 (d) Legal consequences of agreement.--Whether an agreement
13 has legal consequences is determined by this act, if applicable;
14 otherwise, it is determined by other applicable rules of law.
15 Section 105. Application and construction.
16 This act must be construed and applied, consistently with
17 reasonable practices under the circumstances, to facilitate
18 electronic transactions and to effectuate its general purpose to
19 make uniform the law with respect to the subject of this act
20 among states enacting it.
21 Section 106. Legal recognition of electronic records,
22 signatures and contracts.
23 (a) Electronic form.--A record or signature may not be
24 denied legal effect or enforceability solely because it is in
25 electronic form.
26 (b) Use of electronic record.--A contract may not be denied
27 legal effect or enforceability solely because an electronic
28 record was used in its formation.
29 (c) Electronic record.--If a law requires a record to be in
30 writing or provides consequences if it is not, an electronic
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1 record satisfies the law.
2 (d) Electronic signature.--If a law requires a signature or
3 provides consequences in the absence of a signature, the law is
4 satisfied with respect to an electronic record if the electronic
5 record includes an electronic signature.
6 (e) Reasonable requirements.--As part of a transaction,
7 nothing in this act precludes a person from establishing
8 reasonable requirements regarding the type of records or
9 signatures acceptable to it.
10 Section 107. Provision of information in writing.
11 (a) Electronic record.--If a law requires a person to
12 provide information in writing to another person, that
13 requirement is satisfied if the information is provided to the
14 person in an electronic record that the person is capable of
15 accessing and retaining for subsequent reference.
16 (b) Section not varied by agreement.--The effect of this
17 section may not be varied by agreement.
18 Section 108. Attribution and effect of electronic record and
19 signature.
20 (a) General rule.--An electronic record or electronic
21 signature is attributable to a person if it was in fact the act
22 of the person or its electronic agent. Attribution may be proved
23 in any manner, including a showing of the efficacy of any
24 security procedure applied to determine the person to which the
25 electronic record or electronic signature was attributable.
26 (b) Determination of effect.--The effect of an electronic
27 record or electronic signature attributed to a person under
28 subsection (a) must be determined from the context and
29 surrounding circumstances at the time of its creation, execution
30 or adoption, including the parties' agreement, if any, and as
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1 otherwise provided by law.
2 Section 109. Effect of changes and errors.
3 Unless otherwise agreed, if a change or error in an
4 electronic record occurs in a transmission between parties to a
5 transaction, the following rules apply:
6 (1) If the parties have agreed to use a security
7 procedure to detect changes or errors and one party has
8 conformed to the procedure, but the other party has not, and
9 the nonconforming party would have detected the change or
10 error had that party also conformed, the effect of the
11 changed or erroneous electronic record is avoidable by the
12 conforming party.
13 (2) In an automated transaction involving an individual,
14 the individual may avoid the effect of an electronic record
15 that resulted from an error by the individual made in dealing
16 with the electronic agent of another person only if the
17 electronic agent did not provide an opportunity for the
18 prevention or correction of the error and, at the time the
19 individual learns of the error, the individual:
20 (i) promptly notifies the other person of the error
21 and that the individual did not intend to be bound by the
22 electronic record received by the other person;
23 (ii) takes reasonable steps, including steps that
24 conform to the other person's reasonable instructions, to
25 return to the other person or, if instructed by the other
26 person, to destroy the consideration received, if any, as
27 a result of the erroneous electronic record; and
28 (iii) has not used or received the benefit or value
29 of the consideration, if any, received from the other
30 person.
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1 (3) If neither paragraph (1) nor (2) applies, the change
2 or error has the effect provided by law, including the law of
3 mistake, and the parties' contract, if any.
4 Section 110. Notarization and acknowledgment.
5 If a law requires that a signature be notarized or
6 acknowledged or provides consequences in the absence of
7 notarization or acknowledgment, the law is satisfied with
8 respect to an electronic signature if a security procedure was
9 applied which establishes the identity of the person signing the
10 electronic record and that the electronic record has not been
11 altered since it was electronically signed.
12 Section 111. Retention of electronic records and originals.
13 (a) General rule.--If a law requires that certain records be
14 retained, that requirement is met by retaining an electronic
15 record of the information in the record, if the electronic
16 record reflects accurately the information set forth in the
17 record after it was first generated in its final form as an
18 electronic record or otherwise, and the electronic record
19 remains accessible for later reference.
20 (b) Exception.--A requirement to retain records in
21 accordance with subsection (a) does not apply to any information
22 whose sole purpose is to enable the record to be sent or
23 received.
24 (c) Services of other person.--A person satisfies subsection
25 (a) by using the services of any other person if the conditions
26 set forth in subsection (a) are met.
27 (d) Original form requirement.--If a law requires a record
28 to be presented or retained in its original form or provides
29 consequences if the record is not presented or retained in its
30 original form, that law is satisfied by an electronic record
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1 retained in accordance with subsection (a).
2 (e) Retention requirement.--A record retained as an
3 electronic record in accordance with subsection (a) satisfies
4 laws requiring a person to retain records for evidentiary, audit
5 or like purposes, unless a law promulgated after the effective
6 date of this act specifically prohibits the use of an electronic
7 record for a specified purpose.
8 (f) Additional requirements.--This section does not preclude
9 a governmental agency from specifying additional requirements
10 for the retention of records, either written or electronic,
11 subject to the agency's jurisdiction.
12 Section 112. Admissibility in evidence.
13 (a) General rule.--In a legal proceeding, evidence of an
14 electronic record or electronic signature may not be excluded
15 because of any of the following reasons:
16 (1) It is an electronic record or electronic signature.
17 (2) It is not an original or is not in its original
18 form.
19 (b) Facts for consideration.--In assessing the persuasive
20 effect of an electronic record or electronic signature, the
21 trier of fact shall consider the manner in which the electronic
22 record or electronic signature was generated, stored,
23 communicated or retrieved, the reliability of the manner in
24 which the integrity of the electronic record or electronic
25 signature was maintained, the manner in which its originator was
26 identified or the electronic record was signed, and any other
27 relevant circumstances.
28 Section 113. Formation of contract.
29 (a) General rule.--If an offer in an electronic record
30 initiated by a person, or by its electronic agent, evokes an
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1 electronic record in response, a contract is formed in the same
2 manner and with the same effect as if the electronic records
3 were not electronic, except that a contract is formed, if at
4 all:
5 (1) when an acceptance is received; or
6 (2) if the response consists of electronic performance
7 of the requested consideration in whole or in part, when the
8 requested consideration, to be performed electronically, is
9 received, unless the offer prohibited that form of response.
10 (b) Additional rules.--In an automated transaction, the
11 following rules apply:
12 (1) A contract may be formed by the interaction of
13 electronic agents of the parties, even if no individual was
14 aware of or reviewed the electronic agents' actions or the
15 resulting terms and agreements.
16 (2) A contract may be formed by the interaction of a
17 person's electronic agent and an individual, including by an
18 interaction in which the individual performs actions that it
19 is free to refuse to perform and that it knows or has reason
20 to know will cause the electronic agent to complete the
21 transaction or performance.
22 (c) Substantive law.--The terms of a contract are determined
23 by the substantive law applicable to the particular contract.
24 Section 114. Time and place of sending and receipt.
25 (a) Sending.--Unless otherwise agreed between the sender and
26 the recipient, an electronic record is sent when the information
27 is addressed or otherwise directed properly to the recipient and
28 enters an information processing system outside the control of
29 the sender or of a person that sent the electronic record on
30 behalf of the sender.
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1 (b) Receipt.--Unless otherwise agreed between the sender and
2 the recipient, an electronic record is received when the
3 electronic record enters an information processing system that
4 the recipient has designated or uses for the purpose of
5 receiving electronic records or information of the type sent, in
6 a form capable of being processed by that system, and from which
7 the recipient is able to retrieve the electronic record.
8 (c) Application of subsection (b).--Subsection (b) applies
9 even if the place the information processing system is located
10 is different from the place the electronic record is considered
11 to be received under subsection (d).
12 (d) Place of sending and of receipt.--Unless otherwise
13 expressly provided in the electronic record or agreed between
14 the sender and the recipient, an electronic record is deemed to
15 be sent from the sender's place of business and is deemed to be
16 received at the recipient's place of business. For the purposes
17 of this subsection, the following rules apply:
18 (1) If the sender or recipient has more than one place
19 of business, the place of business of that person is that
20 which has the closest relationship to the underlying
21 transaction.
22 (2) If the sender or the recipient does not have a place
23 of business, the place of business is the sender's or
24 recipient's residence, as the case may be.
25 (e) Record effective on receipt.--An electronic record is
26 effective when received even if no individual is aware of its
27 receipt.
28 (f) Acknowledgment.--Receipt of an electronic acknowledgment
29 establishes that a record was received but, in itself, does not
30 establish that the content sent corresponds to the content
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1 received.
2 Section 115. Transferable records.
3 (a) Control of record.--A person has control of a
4 transferable record if the record or records comprising the
5 transferable record are created, stored and assigned in such a
6 manner that:
7 (1) a single authoritative copy of the record or records
8 exists which is unique, identifiable and, except as otherwise
9 provided in paragraphs (4), (5), and (6), unalterable;
10 (2) the authoritative copy identifies the person
11 asserting control as the assignee of the record or records;
12 (3) the authoritative copy is communicated to and
13 maintained by the person asserting control or its designated
14 custodian;
15 (4) copies or revisions that add or change an identified
16 assignee of the authoritative copy can be made only with the
17 consent of the person asserting control;
18 (5) each copy of the authoritative copy and any copy of
19 a copy is readily identifiable as a copy that is not the
20 authoritative copy; and
21 (6) any revision of the authoritative copy is readily
22 identifiable as an authorized or unauthorized revision.
23 (b) Rights of person in control of record.--Except as
24 otherwise provided in subsection (d), the following rules apply
25 in determining the rights of a person in control of a
26 transferable record:
27 (1) If a person acquires control of a transferable
28 record the person has the rights with respect to the record
29 that a holder of a note would have if the record were a note.
30 (2) If the person acquires control in a manner
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1 consistent with section 3302(a) of the Uniform Commercial
2 Code (13 Pa.C.S. § 101 et seq.), the person has the rights
3 with respect to the record that a holder in due course of a
4 note would have if the record were a note.
5 (3) If the person acquires control in a manner
6 consistent with section 9308 of the Uniform Commercial Code
7 (13 Pa.C.S. § 101 et seq.), the person has the rights with
8 respect to the record that a purchaser in possession of a
9 note would have if the record were a note.
10 (4) Nothing in paragraph (1), (2) or (3) requires a
11 person to receive delivery, possession or endorsement of an
12 electronic record in order to obtain the rights available
13 under those paragraphs.
14 (c) Rights and defenses of obligor.--The following rules
15 apply in determining the rights and defenses of a person who is
16 an obligor under a transferable record:
17 (1) The obligor has the rights and defenses with respect
18 to the record that a maker of a note would have if the record
19 were a note.
20 (2) The person obtaining payment under the transferable
21 record and a prior transferor of the transferable record
22 warrant to the obligor making payment in good faith, that the
23 warrantor is or was, at the time the warrantor transferred
24 the record, the person entitled to payment of the record or
25 authorized to receive payment on behalf of a person entitled
26 to payment of the record.
27 (d) Discharge of obligation.--Discharge of the obligation is
28 effective against any person in control of the transferable
29 record if:
30 (1) the discharge is made by or on behalf of the person
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1 in control of the transferable record at the time of the
2 discharge; or
3 (2) the obligation would otherwise be discharged under
4 the substantive law applicable to the transaction.
5 (e) Reasonable proof of control.--If requested by the
6 obligor under a transferable record, the person seeking to
7 enforce the transferable record must provide reasonable proof
8 that the person is in control of the transferable record. Prior
9 to payment or performance of the obligation, the obligor is
10 entitled to access to the authoritative copy of the transferable
11 record and related business records sufficient to review the
12 terms of the transferable record and establish the identity of
13 the person in control of the transferable record.
14 CHAPTER 2
15 SECURE ELECTRONIC RECORDS AND SIGNATURES
16 Section 201. Secure electronic records.
17 If, through the application of a security procedure, it can
18 be demonstrated that an electronic record has remained unaltered
19 since a specified time, the record is a secure electronic record
20 from that time forward.
21 Section 202. Secure electronic signatures.
22 A signature is a secure electronic signature if, through the
23 application of a security procedure, it can be demonstrated that
24 the electronic signature was, at the time it was made:
25 (1) unique to the person using it;
26 (2) capable of verification;
27 (3) under the sole control of the person using it; and
28 (4) linked to the electronic record to which it relates
29 in a manner such that if the record was changed the
30 electronic signature would be invalidated.
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1 Section 203. Presumptions.
2 (a) Secure electronic record.--With respect to a secure
3 electronic record, there is a rebuttable presumption that the
4 electronic record has not been altered since the specific time
5 to which the secure status relates.
6 (b) Secure electronic signature.--With respect to a secure
7 electronic signature there is a rebuttable presumption that the
8 secure electronic signature is the electronic signature of the
9 party to whom it relates.
10 (c) Nonsecure records and signatures.--In the absence of a
11 secure electronic record or a secure electronic signature, this
12 act does not create any presumption regarding the authenticity
13 and integrity of an electronic record or an electronic
14 signature.
15 (d) No presumption if consumer is a party.--No presumption
16 is created under this chapter if a consumer is a party to the
17 transaction.
18 CHAPTER 3
19 GOVERNMENTAL ELECTRONIC RECORDS
20 Section 301. Creation and retention of electronic records;
21 conversion of written records.
22 Each Commonwealth agency shall determine if, and the extent
23 to which, it will create and retain electronic records and
24 convert written records to electronic records. Executive
25 agencies must also comply with standards published by the Office
26 of Administration.
27 Section 302. Sending and accepting electronic records.
28 (a) General rules.--
29 (1) Except as otherwise provided in section 111(e), each
30 governmental agency shall determine whether, and the extent
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1 to which, it will send and accept electronic records and
2 electronic signatures to and from other persons, and
3 otherwise create, use, store and rely upon electronic records
4 and electronic signatures.
5 (2) Executive agencies must also comply with any
6 standards published by the Governor's Office of
7 Administration.
8 (b) Additional requirements.--In a case governed by
9 subsection (a), the governmental agency, giving due
10 consideration to security, shall specify the following:
11 (1) The manner and format in which the electronic
12 records must be created, sent, received and stored.
13 (2) If electronic records must be electronically signed,
14 the type of electronic signature required, the manner and
15 format in which the electronic signature must be affixed to
16 the electronic record, and the identity of, or criteria that
17 must be met by, any third party used by a person filing a
18 document to facilitate the process.
19 (3) Control processes and procedures appropriate to
20 ensure adequate preservation, disposition, integrity,
21 security, confidentiality and auditability of electronic
22 records.
23 (4) Any other required attributes for electronic records
24 which are currently specified for corresponding nonelectronic
25 records, or reasonably necessary under the circumstances.
26 (c) Limitation.--Except as otherwise provided in section
27 111(e), this act does not require any governmental agency of the
28 Commonwealth to use or permit the use of electronic records or
29 electronic signatures.
30 Section 303. Interoperability.
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1 Standards adopted by a governmental agency under section 302
2 should encourage and promote consistency and interoperability
3 with similar requirements adopted by other governmental agencies
4 of this and other states and the Federal Government, and
5 nongovernmental persons interacting with governmental agencies
6 of the Commonwealth.
7 CHAPTER 4
8 MISCELLANEOUS PROVISIONS
9 Section 401. Severability.
10 The provisions of this act are severable. If any provision of
11 this act or its application to any person or circumstance is
12 held invalid, the invalidity shall not affect other provisions
13 or applications of this act which can be given effect without
14 the invalid provision or application.
15 Section 402. Effective date.
16 This act shall take effect in 30 days.
17 CHAPTER 1 <--
18 PRELIMINARY PROVISIONS
19 SECTION 101. SHORT TITLE.
20 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE UNIFORM
21 ELECTRONIC TRANSACTIONS ACT.
22 SECTION 102. LEGISLATIVE FINDINGS.
23 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
24 (1) ELECTRONIC COMMERCE IS EXPANDING RAPIDLY AND IS AN
25 ENGINE FOR ECONOMIC GROWTH IN THIS COMMONWEALTH AND THE
26 UNITED STATES; AND
27 (2) UNIFORMITY AMONG STATE LAWS RECOGNIZING THE VALIDITY
28 AND ENFORCEABILITY OF ELECTRONIC SIGNATURES, RECORDS AND
29 WRITINGS IS IMPORTANT TO THE CONTINUED EXPANSION OF
30 ELECTRONIC COMMERCE.
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1 THE GENERAL ASSEMBLY SHOULD ENACT THE UNIFORM ELECTRONIC
2 TRANSACTIONS ACT SUBMITTED TO THE STATE LEGISLATURES BY THE
3 NATIONAL CONFERENCE OF COMMISSIONERS OF UNIFORM STATE LAWS WITH
4 ADDITIONS TO ENHANCE AND PROMOTE THE RELIABILITY OF ELECTRONIC
5 COMMERCE.
6 SECTION 103. DEFINITIONS.
7 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
8 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
9 CONTEXT CLEARLY INDICATES OTHERWISE:
10 "AGREEMENT." THE BARGAIN OF THE PARTIES IN FACT, AS FOUND IN
11 THEIR LANGUAGE OR INFERRED FROM OTHER CIRCUMSTANCES AND FROM
12 RULES, REGULATIONS AND PROCEDURES GIVEN THE EFFECT OF AGREEMENTS
13 UNDER LAWS OTHERWISE APPLICABLE TO A PARTICULAR TRANSACTION.
14 "AUTOMATED TRANSACTION." A TRANSACTION CONDUCTED OR
15 PERFORMED, IN WHOLE OR IN PART, BY ELECTRONIC MEANS OR
16 ELECTRONIC RECORDS, IN WHICH THE ACTS OR RECORDS OF ONE OR BOTH
17 PARTIES ARE NOT REVIEWED BY AN INDIVIDUAL IN THE ORDINARY COURSE
18 IN FORMING A CONTRACT, PERFORMING UNDER AN EXISTING CONTRACT OR
19 FULFILLING AN OBLIGATION REQUIRED BY THE TRANSACTION.
20 "COMPUTER PROGRAM." A SET OF STATEMENTS OR INSTRUCTIONS TO
21 BE USED DIRECTLY OR INDIRECTLY IN AN INFORMATION PROCESSING
22 SYSTEM IN ORDER TO BRING ABOUT A CERTAIN RESULT.
23 "CONSUMER." AN INDIVIDUAL INVOLVED IN AN ELECTRONIC
24 TRANSACTION PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD
25 PURPOSES.
26 "CONTRACT." THE TOTAL LEGAL OBLIGATION RESULTING FROM THE
27 PARTIES' AGREEMENT AS AFFECTED BY THIS ACT AND OTHER APPLICABLE
28 LAW.
29 "ELECTRONIC." RELATING TO TECHNOLOGY HAVING ELECTRICAL,
30 DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC OR SIMILAR
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1 CAPABILITIES.
2 "ELECTRONIC AGENT." A COMPUTER PROGRAM OR AN ELECTRONIC OR
3 OTHER AUTOMATED MEANS USED INDEPENDENTLY TO INITIATE AN ACTION
4 OR RESPOND TO ELECTRONIC RECORDS OR PERFORMANCES, IN WHOLE OR IN
5 PART, WITHOUT REVIEW OR ACTION BY AN INDIVIDUAL.
6 "ELECTRONIC RECORD." A RECORD CREATED, GENERATED, SENT,
7 COMMUNICATED, RECEIVED OR STORED BY ELECTRONIC MEANS.
8 "ELECTRONIC SIGNATURE." AN ELECTRONIC SOUND, SYMBOL OR
9 PROCESS ATTACHED TO OR LOGICALLY ASSOCIATED WITH A RECORD AND
10 EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO SIGN THE
11 RECORD.
12 "EXECUTIVE AGENCY." A DEPARTMENT, BOARD, COMMISSION,
13 AUTHORITY, OFFICER OR AGENCY, OF THE EXECUTIVE DEPARTMENT,
14 SUBJECT TO THE POLICY, SUPERVISION AND CONTROL OF THE GOVERNOR.
15 "GOVERNMENTAL AGENCY." AN EXECUTIVE AGENCY, AN INDEPENDENT
16 AGENCY, A STATE-AFFILIATED ENTITY OR STATE-RELATED INSTITUTION
17 OR OTHER INSTRUMENTALITY OF THE COMMONWEALTH. THE TERM INCLUDES
18 AUTHORITIES AND POLITICAL SUBDIVISIONS.
19 "INDEPENDENT AGENCY." A BOARD, COMMISSION OR OTHER AGENCY OR
20 OFFICER OF THE EXECUTIVE DEPARTMENT, THAT IS NOT SUBJECT TO THE
21 POLICY SUPERVISION AND CONTROL OF THE GOVERNOR.
22 "INFORMATION." DATA, TEXT, IMAGES, SOUNDS, CODES, COMPUTER
23 PROGRAMS, SOFTWARE, DATA BASES OR THE LIKE.
24 "INFORMATION PROCESSING SYSTEM." AN ELECTRONIC SYSTEM FOR
25 CREATING, GENERATING, SENDING, RECEIVING, STORING, DISPLAYING OR
26 PROCESSING INFORMATION.
27 "PERSON." ANY INDIVIDUAL, CORPORATION, BUSINESS TRUST,
28 ESTATE, TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY,
29 ASSOCIATION, JOINT VENTURE, GOVERNMENTAL AGENCY, PUBLIC
30 CORPORATION OR OTHER LEGAL OR COMMERCIAL ENTITY.
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1 "RECORD." INFORMATION WHICH IS INSCRIBED ON A TANGIBLE
2 MEDIUM OR IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND WHICH
3 IS RETRIEVABLE IN PERCEIVABLE FORM.
4 "SECURITY PROCEDURE." A PROCEDURE EMPLOYED FOR THE PURPOSE
5 OF VERIFYING THAT AN ELECTRONIC SIGNATURE, RECORD OR PERFORMANCE
6 IS THAT OF A SPECIFIC PERSON OR FOR DETECTING CHANGES OR ERRORS
7 IN THE INFORMATION IN AN ELECTRONIC RECORD. THE TERM INCLUDES A
8 PROCEDURE WHICH REQUIRES THE USE OF ALGORITHMS OR OTHER CODES,
9 IDENTIFYING WORDS OR NUMBERS, ENCRYPTION OR CALLBACK OR OTHER
10 ACKNOWLEDGMENT PROCEDURES.
11 "STATE." A STATE OF THE UNITED STATES, THE DISTRICT OF
12 COLUMBIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS OR ANY
13 TERRITORY OR INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF
14 THE UNITED STATES. THE TERM INCLUDES AN INDIAN TRIBE OR BAND OR
15 AN ALASKAN NATIVE VILLAGE, WHICH IS RECOGNIZED BY FEDERAL LAW OR
16 FORMALLY ACKNOWLEDGED BY A STATE.
17 "STATE-AFFILIATED ENTITY." A COMMONWEALTH AUTHORITY OR A
18 COMMONWEALTH ENTITY. THE TERM INCLUDES THE PENNSYLVANIA TURNPIKE
19 COMMISSION, THE PENNSYLVANIA HOUSING FINANCE AGENCY, THE
20 PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM, THE PENNSYLVANIA
21 INFRASTRUCTURE INVESTMENT AUTHORITY, THE STATE PUBLIC SCHOOL
22 BUILDING AUTHORITY, THE PENNSYLVANIA HIGHER EDUCATIONAL
23 FACILITIES AUTHORITY AND THE STATE SYSTEM OF HIGHER EDUCATION.
24 "STATE-RELATED INSTITUTION." THE PENNSYLVANIA STATE
25 UNIVERSITY, THE UNIVERSITY OF PITTSBURGH, LINCOLN UNIVERSITY OR
26 TEMPLE UNIVERSITY.
27 "TRANSACTION." AN ACTION OR SET OF ACTIONS OCCURRING BETWEEN
28 TWO OR MORE PERSONS RELATING TO THE CONDUCT OF BUSINESS,
29 COMMERCIAL OR GOVERNMENTAL AFFAIRS.
30 SECTION 104. SCOPE.
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1 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B),
2 THIS ACT APPLIES TO ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES
3 RELATING TO A TRANSACTION.
4 (B) EXCEPTION.--SUBJECT TO SUBSECTION (C), THIS ACT DOES NOT
5 APPLY TO A TRANSACTION TO THE EXTENT IT IS GOVERNED BY ANY OF
6 THE FOLLOWING:
7 (1) A LAW GOVERNING THE CREATION AND EXECUTION OF WILLS,
8 CODICILS OR TESTAMENTARY TRUSTS.
9 (2) THE PROVISIONS OF 13 PA.C.S. (RELATING TO COMMERCIAL
10 CODE) OTHER THAN:
11 (I) §§ 1107 (RELATING TO WAIVER OR RENUNCIATION OF
12 CLAIM OR RIGHT AFTER BREACH) AND 1206 (RELATING TO
13 STATUTE OF FRAUDS FOR KINDS OF PERSONAL PROPERTY NOT
14 OTHERWISE COVERED);
15 (II) DIVISION 2 (RELATING TO SALES); AND
16 (III) DIVISION 2A (RELATING TO LEASES).
17 (C) LIMITATION OF EXCEPTION.--THIS ACT APPLIES TO AN
18 ELECTRONIC RECORD OR ELECTRONIC SIGNATURE OTHERWISE EXCLUDED
19 FROM THE APPLICATION OF THIS ACT UNDER SUBSECTION (B) TO THE
20 EXTENT IT IS GOVERNED BY A LAW OTHER THAN THOSE SPECIFIED IN
21 SUBSECTION (B).
22 (D) OTHER LAW.--A TRANSACTION SUBJECT TO THIS ACT IS ALSO
23 SUBJECT TO OTHER APPLICABLE SUBSTANTIVE LAW.
24 SECTION 105. PROSPECTIVE APPLICATION.
25 THIS ACT APPLIES TO AN ELECTRONIC RECORD OR ELECTRONIC
26 SIGNATURE CREATED, GENERATED, SENT, COMMUNICATED, RECEIVED OR
27 STORED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT.
28 CHAPTER 3
29 UNIFORM ELECTRONIC TRANSACTIONS
30 SECTION 301. USE OF ELECTRONIC RECORDS AND ELECTRONIC
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1 SIGNATURES; VARIATION BY AGREEMENT.
2 (A) ELECTRONIC MEANS OR FORM NOT REQUIRED.--THIS ACT DOES
3 NOT REQUIRE A RECORD OR SIGNATURE TO BE CREATED, GENERATED,
4 SENT, COMMUNICATED, RECEIVED, STORED OR OTHERWISE PROCESSED OR
5 USED BY ELECTRONIC MEANS OR IN ELECTRONIC FORM.
6 (B) CONSENT.--THIS ACT APPLIES ONLY TO TRANSACTIONS BETWEEN
7 PARTIES EACH OF WHICH HAS AGREED TO CONDUCT TRANSACTIONS BY
8 ELECTRONIC MEANS. WHETHER THE PARTIES AGREE TO CONDUCT A
9 TRANSACTION BY ELECTRONIC MEANS IS DETERMINED FROM THE CONTEXT
10 AND SURROUNDING CIRCUMSTANCES, INCLUDING THE PARTIES' CONDUCT.
11 (C) OTHER TRANSACTIONS.--A PARTY THAT AGREES TO CONDUCT A
12 TRANSACTION BY ELECTRONIC MEANS MAY REFUSE TO CONDUCT OTHER
13 TRANSACTIONS BY ELECTRONIC MEANS. THE RIGHT GRANTED BY THIS
14 SUBSECTION MAY NOT BE WAIVED BY AGREEMENT.
15 (D) VARIANCE BY AGREEMENT.--EXCEPT AS OTHERWISE PROVIDED IN
16 THIS ACT, THE EFFECT OF ANY OF ITS PROVISIONS MAY BE VARIED BY
17 AGREEMENT. THE PRESENCE IN CERTAIN PROVISIONS OF THIS ACT OF THE
18 WORDS "UNLESS OTHERWISE AGREED," OR WORDS OF SIMILAR IMPORT,
19 DOES NOT IMPLY THAT THE EFFECT OF OTHER PROVISIONS MAY NOT BE
20 VARIED BY AGREEMENT.
21 (E) CONCLUSIONS OF LAW.--WHETHER AN ELECTRONIC RECORD OR
22 ELECTRONIC SIGNATURE HAS LEGAL CONSEQUENCES IS DETERMINED BY
23 THIS ACT AND OTHER APPLICABLE LAW.
24 SECTION 302. CONSTRUCTION AND APPLICATION.
25 THIS ACT MUST BE CONSTRUED AND APPLIED:
26 (1) TO FACILITATE ELECTRONIC TRANSACTIONS CONSISTENT
27 WITH OTHER APPLICABLE LAW;
28 (2) TO BE CONSISTENT WITH REASONABLE PRACTICES
29 CONCERNING ELECTRONIC TRANSACTIONS AND WITH THE CONTINUED
30 EXPANSION OF THOSE PRACTICES; AND
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1 (3) TO EFFECTUATE ITS GENERAL PURPOSE TO MAKE UNIFORM
2 THE LAW WITH RESPECT TO THE SUBJECT OF THIS ACT AMONG STATES
3 ENACTING IT.
4 SECTION 303. LEGAL RECOGNITION OF ELECTRONIC RECORDS,
5 ELECTRONIC SIGNATURES AND ELECTRONIC CONTRACTS.
6 (A) FORM.--A RECORD OR SIGNATURE MAY NOT BE DENIED LEGAL
7 EFFECT OR ENFORCEABILITY SOLELY BECAUSE IT IS IN ELECTRONIC
8 FORM.
9 (B) FORMATION.--A CONTRACT MAY NOT BE DENIED LEGAL EFFECT OR
10 ENFORCEABILITY SOLELY BECAUSE AN ELECTRONIC RECORD WAS USED IN
11 ITS FORMATION.
12 (C) WRITING.--IF A LAW REQUIRES A RECORD TO BE IN WRITING,
13 AN ELECTRONIC RECORD SATISFIES THE LAW.
14 (D) SIGNATURE.--IF A LAW REQUIRES A SIGNATURE, AN ELECTRONIC
15 SIGNATURE SATISFIES THE LAW.
16 SECTION 304. PROVISION OF INFORMATION IN WRITING; PRESENTATION
17 OF RECORDS.
18 (A) WRITING.--IF PARTIES HAVE AGREED TO CONDUCT A
19 TRANSACTION BY ELECTRONIC MEANS AND A LAW REQUIRES A PERSON TO
20 PROVIDE, SEND OR DELIVER INFORMATION IN WRITING TO ANOTHER
21 PERSON, THE REQUIREMENT IS SATISFIED IF THE INFORMATION IS
22 PROVIDED, SENT OR DELIVERED, AS THE CASE MAY BE, IN AN
23 ELECTRONIC RECORD CAPABLE OF RETENTION BY THE RECIPIENT AT THE
24 TIME OF RECEIPT. AN ELECTRONIC RECORD IS NOT CAPABLE OF
25 RETENTION BY THE RECIPIENT IF THE SENDER OR ITS INFORMATION
26 PROCESSING SYSTEM INHIBITS THE ABILITY OF THE RECIPIENT TO PRINT
27 OR STORE THE ELECTRONIC RECORD.
28 (B) RECORDS.--IF A LAW OTHER THAN THIS ACT REQUIRES A RECORD
29 TO BE POSTED OR DISPLAYED IN A CERTAIN MANNER, TO BE SENT,
30 COMMUNICATED OR TRANSMITTED BY A SPECIFIED METHOD OR TO CONTAIN
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1 INFORMATION WHICH IS FORMATTED IN A CERTAIN MANNER, THE
2 FOLLOWING RULES APPLY:
3 (1) THE RECORD MUST BE POSTED OR DISPLAYED IN THE MANNER
4 SPECIFIED IN THE OTHER LAW.
5 (2) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (D)(2),
6 THE RECORD MUST BE SENT, COMMUNICATED OR TRANSMITTED BY THE
7 METHOD SPECIFIED IN THE OTHER LAW.
8 (3) THE RECORD MUST CONTAIN THE INFORMATION FORMATTED IN
9 THE MANNER SPECIFIED IN THE OTHER LAW.
10 (C) UNENFORCEABLE.--IF A SENDER INHIBITS THE ABILITY OF A
11 RECIPIENT TO STORE OR PRINT AN ELECTRONIC RECORD, THE ELECTRONIC
12 RECORD IS NOT ENFORCEABLE AGAINST THE RECIPIENT.
13 (D) VARIANCE BY AGREEMENT.--THE REQUIREMENTS OF THIS SECTION
14 MAY NOT BE VARIED BY AGREEMENT EXCEPT AS FOLLOWS:
15 (1) TO THE EXTENT A LAW OTHER THAN THIS ACT REQUIRES
16 INFORMATION TO BE PROVIDED, SENT OR DELIVERED, IN WRITING,
17 BUT PERMITS THAT REQUIREMENT TO BE VARIED BY AGREEMENT, THE
18 REQUIREMENT UNDER SUBSECTION (A) THAT THE INFORMATION BE IN
19 THE FORM OF AN ELECTRONIC RECORD CAPABLE OF RETENTION MAY
20 ALSO BE VARIED BY AGREEMENT.
21 (2) A REQUIREMENT UNDER A LAW OTHER THAN THIS ACT TO
22 SEND, COMMUNICATE OR TRANSMIT A RECORD BY FIRST-CLASS MAIL,
23 POSTAGE PREPAID, REGULAR UNITED STATES MAIL, MAY BE VARIED BY
24 AGREEMENT TO THE EXTENT PERMITTED BY THE OTHER LAW.
25 SECTION 305. EFFECT OF CHANGE OR ERROR.
26 IF A CHANGE OR ERROR IN AN ELECTRONIC RECORD OCCURS IN A
27 TRANSMISSION BETWEEN PARTIES TO A TRANSACTION, THE FOLLOWING
28 RULES APPLY:
29 (1) IF THE PARTIES HAVE AGREED TO USE A SECURITY
30 PROCEDURE TO DETECT CHANGES OR ERRORS AND ONE PARTY HAS
19990S0555B1404 - 27 -
1 CONFORMED TO THE PROCEDURE, BUT THE OTHER PARTY HAS NOT, AND
2 THE NONCONFORMING PARTY WOULD HAVE DETECTED THE CHANGE OR
3 ERROR HAD THAT PARTY ALSO CONFORMED, THE CONFORMING PARTY MAY
4 AVOID THE EFFECT OF THE CHANGED OR ERRONEOUS ELECTRONIC
5 RECORD.
6 (2) IN AN AUTOMATED TRANSACTION INVOLVING AN INDIVIDUAL,
7 THE INDIVIDUAL MAY AVOID THE EFFECT OF AN ELECTRONIC RECORD
8 THAT RESULTED FROM AN ERROR MADE BY THE INDIVIDUAL IN DEALING
9 WITH THE ELECTRONIC AGENT OF ANOTHER PERSON IF THE ELECTRONIC
10 AGENT DID NOT PROVIDE AN OPPORTUNITY FOR THE PREVENTION OR
11 CORRECTION OF THE ERROR AND, AT THE TIME THE INDIVIDUAL
12 LEARNS OF THE ERROR, THE INDIVIDUAL:
13 (I) PROMPTLY NOTIFIES THE OTHER PERSON OF THE ERROR
14 AND THAT THE INDIVIDUAL DID NOT INTEND TO BE BOUND BY THE
15 ELECTRONIC RECORD RECEIVED BY THE OTHER PERSON;
16 (II) TAKES REASONABLE STEPS, INCLUDING STEPS WHICH
17 CONFORM TO THE OTHER PERSON'S REASONABLE INSTRUCTIONS, TO
18 RETURN TO THE OTHER PERSON OR, IF INSTRUCTED BY THE OTHER
19 PERSON, TO DESTROY THE CONSIDERATION RECEIVED, IF ANY, AS
20 A RESULT OF THE ERRONEOUS ELECTRONIC RECORD; AND
21 (III) HAS NOT USED OR RECEIVED ANY BENEFIT OR VALUE
22 FROM THE CONSIDERATION, IF ANY, RECEIVED FROM THE OTHER
23 PERSON.
24 (3) IF NEITHER PARAGRAPH (1) NOR PARAGRAPH (2) APPLIES,
25 THE CHANGE OR ERROR HAS THE EFFECT PROVIDED BY OTHER LAW,
26 INCLUDING THE LAW OF MISTAKE, AND THE PARTIES' CONTRACT, IF
27 ANY.
28 (4) PARAGRAPHS (2) AND (3) MAY NOT BE VARIED BY
29 AGREEMENT.
30 SECTION 306. NOTARIZATION AND ACKNOWLEDGMENT.
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1 IF A LAW REQUIRES A SIGNATURE OR RECORD TO BE NOTARIZED,
2 ACKNOWLEDGED, VERIFIED OR MADE UNDER OATH, THE REQUIREMENT IS
3 SATISFIED IF THE ELECTRONIC SIGNATURE OF THE PERSON AUTHORIZED
4 TO PERFORM THOSE SERVICES, TOGETHER WITH ALL OTHER INFORMATION
5 REQUIRED TO BE INCLUDED BY OTHER APPLICABLE LAW, IS ATTACHED TO
6 OR LOGICALLY ASSOCIATED WITH THE SIGNATURE OR RECORD.
7 SECTION 307. RETENTION OF ELECTRONIC RECORDS; ORIGINALS.
8 (A) REQUIREMENT.--SUBJECT TO SUBSECTION (B), IF A LAW
9 REQUIRES THAT A RECORD BE RETAINED, THE REQUIREMENT IS SATISFIED
10 BY RETAINING AN ELECTRONIC RECORD OF THE INFORMATION IN THE
11 RECORD WHICH:
12 (1) ACCURATELY REFLECTS THE INFORMATION SET FORTH IN THE
13 RECORD AFTER IT WAS FIRST GENERATED IN ITS FINAL FORM AS AN
14 ELECTRONIC RECORD OR OTHERWISE; AND
15 (2) REMAINS ACCESSIBLE FOR LATER REFERENCE.
16 (B) TRANSMISSION INFORMATION.--A REQUIREMENT TO RETAIN A
17 RECORD IN ACCORDANCE WITH SUBSECTION (A) DOES NOT APPLY TO ANY
18 INFORMATION THE SOLE PURPOSE OF WHICH IS TO ENABLE THE RECORD TO
19 BE SENT, COMMUNICATED OR RECEIVED.
20 (C) AGENTS.--A PERSON MAY SATISFY SUBSECTION (A) BY USING
21 THE SERVICES OF ANOTHER PERSON IF THE REQUIREMENTS OF THAT
22 SUBSECTION ARE SATISFIED.
23 (D) ORIGINALS.--IF A LAW REQUIRES A RECORD TO BE PRESENTED
24 OR RETAINED IN ITS ORIGINAL FORM, OR PROVIDES CONSEQUENCES IF
25 THE RECORD IS NOT PRESENTED OR RETAINED IN ITS ORIGINAL FORM,
26 THAT LAW IS SATISFIED BY AN ELECTRONIC RECORD RETAINED IN
27 ACCORDANCE WITH SUBSECTION (A).
28 (E) CHECKS.--IF A LAW REQUIRES RETENTION OF A CHECK, THAT
29 REQUIREMENT IS SATISFIED BY RETENTION OF AN ELECTRONIC RECORD OF
30 THE INFORMATION ON THE FRONT AND BACK OF THE CHECK IN ACCORDANCE
19990S0555B1404 - 29 -
1 WITH SUBSECTION (A).
2 (F) EVIDENCE; AUDITS.--A RECORD RETAINED AS AN ELECTRONIC
3 RECORD IN ACCORDANCE WITH SUBSECTION (A) SATISFIES A LAW
4 REQUIRING A PERSON TO RETAIN A RECORD FOR EVIDENTIARY, AUDIT OR
5 LIKE PURPOSES UNLESS A STATUTE ENACTED AFTER THE EFFECTIVE DATE
6 OF THIS ACT SPECIFICALLY PROHIBITS THE USE OF AN ELECTRONIC
7 RECORD FOR THE SPECIFIED PURPOSE.
8 (G) GOVERNMENTAL AGENCIES.--THIS SECTION DOES NOT PRECLUDE A
9 GOVERNMENTAL AGENCY OF THIS COMMONWEALTH FROM SPECIFYING
10 ADDITIONAL REQUIREMENTS FOR THE RETENTION OF A RECORD SUBJECT TO
11 THE GOVERNMENTAL AGENCY'S JURISDICTION, INCLUDING THE
12 REQUIREMENT THAT A RECORD BE RETAINED IN A NONELECTRONIC FORM.
13 SECTION 308. ADMISSIBILITY IN EVIDENCE.
14 IN A PROCEEDING, EVIDENCE OF A RECORD OR SIGNATURE MAY NOT BE
15 EXCLUDED SOLELY BECAUSE IT IS IN ELECTRONIC FORM.
16 SECTION 309. AUTOMATED TRANSACTION.
17 IN AN AUTOMATED TRANSACTION, THE FOLLOWING RULES APPLY:
18 (1) A CONTRACT MAY BE FORMED BY THE INTERACTION OF
19 ELECTRONIC AGENTS OF THE PARTIES, EVEN IF NO INDIVIDUAL WAS
20 AWARE OF OR REVIEWED THE ELECTRONIC AGENTS' ACTIONS OR THE
21 RESULTING TERMS AND AGREEMENTS.
22 (2) A CONTRACT MAY BE FORMED BY THE INTERACTION OF AN
23 ELECTRONIC AGENT AND AN INDIVIDUAL, ACTING ON THE
24 INDIVIDUAL'S OWN BEHALF OR FOR ANOTHER PERSON, INCLUDING BY
25 AN INTERACTION IN WHICH THE INDIVIDUAL PERFORMS ACTIONS WHICH
26 THE INDIVIDUAL IS FREE TO REFUSE TO PERFORM AND WHICH THE
27 INDIVIDUAL KNOWS OR HAS REASON TO KNOW WILL CAUSE THE
28 ELECTRONIC AGENT TO COMPLETE THE TRANSACTION OR PERFORMANCE.
29 (3) THE TERMS OF THE CONTRACT ARE DETERMINED BY THE
30 SUBSTANTIVE LAW APPLICABLE TO IT.
19990S0555B1404 - 30 -
1 SECTION 310. TIME AND PLACE OF SENDING AND RECEIPT.
2 (A) SENDING.--UNLESS OTHERWISE AGREED BETWEEN THE SENDER AND
3 THE RECIPIENT, AN ELECTRONIC RECORD IS SENT WHEN IT:
4 (1) IS ADDRESSED PROPERLY OR OTHERWISE DIRECTED PROPERLY
5 TO AN INFORMATION PROCESSING SYSTEM THAT THE RECIPIENT HAS
6 DESIGNATED OR USES FOR THE PURPOSE OF RECEIVING ELECTRONIC
7 RECORDS OR INFORMATION OF THE TYPE SENT AND FROM WHICH THE
8 RECIPIENT IS ABLE TO RETRIEVE THE ELECTRONIC RECORD;
9 (2) IS IN A FORM CAPABLE OF BEING PROCESSED BY THAT
10 SYSTEM; AND
11 (3) ENTERS AN INFORMATION PROCESSING SYSTEM OUTSIDE THE
12 CONTROL OF THE SENDER OR OF A PERSON THAT SENT THE ELECTRONIC
13 RECORD ON BEHALF OF THE SENDER OR ENTERS A REGION OF THE
14 INFORMATION PROCESSING SYSTEM DESIGNATED OR USED BY THE
15 RECIPIENT WHICH IS UNDER THE CONTROL OF THE RECIPIENT.
16 (B) RECEIPT.--UNLESS OTHERWISE AGREED BETWEEN A SENDER AND
17 THE RECIPIENT, AN ELECTRONIC RECORD IS RECEIVED WHEN:
18 (1) IT ENTERS AN INFORMATION PROCESSING SYSTEM THAT THE
19 RECIPIENT HAS DESIGNATED OR USES FOR THE PURPOSE OF RECEIVING
20 ELECTRONIC RECORDS OR INFORMATION OF THE TYPE SENT AND FROM
21 WHICH THE RECIPIENT IS ABLE TO RETRIEVE THE ELECTRONIC
22 RECORD; AND
23 (2) IT IS IN A FORM CAPABLE OF BEING PROCESSED BY THAT
24 SYSTEM.
25 (C) PHYSICAL LOCATION.--SUBSECTION (B) APPLIES EVEN IF THE
26 PLACE THE INFORMATION PROCESSING SYSTEM IS LOCATED IS DIFFERENT
27 FROM THE PLACE THE ELECTRONIC RECORD IS DEEMED TO BE RECEIVED
28 UNDER SUBSECTION (D).
29 (D) PLACE OF BUSINESS.--UNLESS OTHERWISE EXPRESSLY PROVIDED
30 IN THE ELECTRONIC RECORD OR AGREED BETWEEN THE SENDER AND THE
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1 RECIPIENT, AN ELECTRONIC RECORD IS DEEMED TO BE SENT FROM THE
2 SENDER'S PLACE OF BUSINESS AND TO BE RECEIVED AT THE RECIPIENT'S
3 PLACE OF BUSINESS. FOR PURPOSES OF THIS SUBSECTION, THE
4 FOLLOWING RULES APPLY:
5 (1) IF THE SENDER OR RECIPIENT HAS MORE THAN ONE PLACE
6 OF BUSINESS, THE PLACE OF BUSINESS OF THAT PERSON IS THE
7 PLACE HAVING THE CLOSEST RELATIONSHIP TO THE UNDERLYING
8 TRANSACTION.
9 (2) IF THE SENDER OR THE RECIPIENT DOES NOT HAVE A PLACE
10 OF BUSINESS, THE PLACE OF BUSINESS IS THE SENDER'S OR
11 RECIPIENT'S RESIDENCE, AS THE CASE MAY BE.
12 (E) ACTUAL RECEIPT.--AN ELECTRONIC RECORD IS RECEIVED UNDER
13 SUBSECTION (B) EVEN IF NO INDIVIDUAL IS AWARE OF ITS RECEIPT.
14 (F) CONTENTS.--RECEIPT OF AN ELECTRONIC ACKNOWLEDGMENT FROM
15 AN INFORMATION PROCESSING SYSTEM DESCRIBED IN SUBSECTION (B)
16 ESTABLISHES THAT A RECORD WAS RECEIVED BUT BY ITSELF DOES NOT
17 ESTABLISH THAT THE CONTENT SENT CORRESPONDS TO THE CONTENT
18 RECEIVED.
19 (G) LEGAL EFFECT.--IF A PERSON IS AWARE THAT AN ELECTRONIC
20 RECORD PURPORTEDLY SENT UNDER SUBSECTION (A), OR PURPORTEDLY
21 RECEIVED UNDER SUBSECTION (B), WAS NOT ACTUALLY SENT OR
22 RECEIVED, THE LEGAL EFFECT OF THE SENDING OR RECEIPT IS
23 DETERMINED BY OTHER APPLICABLE LAW. EXCEPT TO THE EXTENT
24 PERMITTED BY THE OTHER LAW, THE REQUIREMENTS OF THIS SUBSECTION
25 MAY NOT BE VARIED BY AGREEMENT.
26 SECTION 311. TRANSFERABLE RECORDS.
27 (A) CONTROL.--A PERSON HAS CONTROL OF A TRANSFERABLE RECORD
28 IF A SYSTEM EMPLOYED FOR EVIDENCING THE TRANSFER OF INTERESTS IN
29 THE TRANSFERABLE RECORD RELIABLY ESTABLISHES THAT PERSON AS THE
30 PERSON TO WHICH THE TRANSFERABLE RECORD WAS ISSUED OR
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1 TRANSFERRED.
2 (B) COMPLIANCE.--A SYSTEM SATISFIES SUBSECTION (A), AND A
3 PERSON IS DEEMED TO HAVE CONTROL OF A TRANSFERABLE RECORD, IF
4 THE TRANSFERABLE RECORD IS CREATED, STORED AND ASSIGNED IN SUCH
5 A MANNER THAT ALL OF THE FOLLOWING PARAGRAPHS APPLY:
6 (1) A SINGLE AUTHORITATIVE COPY OF THE TRANSFERABLE
7 RECORD EXISTS WHICH IS UNIQUE, IDENTIFIABLE AND, EXCEPT AS
8 OTHERWISE PROVIDED IN PARAGRAPHS (4), (5) AND (6),
9 UNALTERABLE.
10 (2) THE AUTHORITATIVE COPY IDENTIFIES THE PERSON
11 ASSERTING CONTROL AS:
12 (I) THE PERSON TO WHICH THE TRANSFERABLE RECORD WAS
13 ISSUED; OR
14 (II) IF THE AUTHORITATIVE COPY INDICATES THAT THE
15 TRANSFERABLE RECORD HAS BEEN TRANSFERRED, THE PERSON TO
16 WHICH THE TRANSFERABLE RECORD WAS MOST RECENTLY
17 TRANSFERRED.
18 (3) THE AUTHORITATIVE COPY IS COMMUNICATED TO AND
19 MAINTAINED BY THE PERSON ASSERTING CONTROL OR THAT PERSON'S
20 DESIGNATED CUSTODIAN.
21 (4) COPIES OR REVISIONS WHICH ADD OR CHANGE AN
22 IDENTIFIED ASSIGNEE OF THE AUTHORITATIVE COPY CAN BE MADE
23 ONLY WITH THE CONSENT OF THE PERSON ASSERTING CONTROL.
24 (5) EACH COPY OF THE AUTHORITATIVE COPY AND ANY COPY OF
25 A COPY IS READILY IDENTIFIABLE AS A COPY WHICH IS NOT THE
26 AUTHORITATIVE COPY.
27 (6) ANY REVISION OF THE AUTHORITATIVE COPY IS READILY
28 IDENTIFIABLE AS AUTHORIZED OR UNAUTHORIZED.
29 (C) HOLDERS.--EXCEPT AS OTHERWISE AGREED, A PERSON HAVING
30 CONTROL OF A TRANSFERABLE RECORD IS THE HOLDER, AS DEFINED IN
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1 PARAGRAPH (2) OF THE DEFINITION OF "HOLDER" IN 13 PA.C.S. § 1201
2 (RELATING TO GENERAL DEFINITIONS), OF THE TRANSFERABLE RECORD
3 AND HAS THE SAME RIGHTS AND DEFENSES AS A HOLDER OF AN
4 EQUIVALENT RECORD OR WRITING UNDER 13 PA.C.S. (RELATING TO
5 COMMERCIAL CODE), INCLUDING, IF THE APPLICABLE STATUTORY
6 REQUIREMENTS ARE SATISFIED, §§ 3302(A) (RELATING TO HOLDER IN
7 DUE COURSE), 7501 (RELATING TO FORM OF NEGOTIATION AND
8 REQUIREMENTS OF "DUE NEGOTIATION") AND 9308 (RELATING TO
9 PURCHASE OF CHATTEL PAPER AND INSTRUMENTS). DELIVERY, POSSESSION
10 AND ENDORSEMENT ARE NOT REQUIRED TO OBTAIN OR EXERCISE ANY OF
11 THE RIGHTS UNDER THIS SUBSECTION.
12 (D) OBLIGORS.--EXCEPT AS OTHERWISE AGREED, AN OBLIGOR UNDER
13 A TRANSFERABLE RECORD HAS THE SAME RIGHTS AND DEFENSES AS AN
14 EQUIVALENT OBLIGOR UNDER EQUIVALENT RECORDS OR WRITINGS UNDER 13
15 PA.C.S (RELATING TO COMMERCIAL CODE).
16 (E) PROOF.--IF REQUESTED BY A PERSON AGAINST WHICH
17 ENFORCEMENT IS SOUGHT, THE PERSON SEEKING TO ENFORCE THE
18 TRANSFERABLE RECORD SHALL PROVIDE REASONABLE PROOF THAT THE
19 PERSON IS IN CONTROL OF THE TRANSFERABLE RECORD. PROOF MAY
20 INCLUDE ACCESS TO THE AUTHORITATIVE COPY OF THE TRANSFERABLE
21 RECORD AND RELATED BUSINESS RECORDS SUFFICIENT TO REVIEW THE
22 TERMS OF THE TRANSFERABLE RECORD AND TO ESTABLISH THE IDENTITY
23 OF THE PERSON HAVING CONTROL OF THE TRANSFERABLE RECORD.
24 (F) DEFINITION.--AS USED IN THIS SECTION, THE TERM
25 "TRANSFERABLE RECORD" MEANS AN ELECTRONIC RECORD:
26 (1) WHICH WOULD BE A NOTE UNDER 13 PA.C.S. DIV. 3
27 (RELATING TO NEGOTIABLE INSTRUMENTS) OR A DOCUMENT UNDER 13
28 PA.C.S. DIV. 7 (RELATING TO WAREHOUSE RECEIPTS, BILLS OF
29 LADING AND OTHER DOCUMENTS OF TITLE) IF THE ELECTRONIC RECORD
30 WERE IN WRITING; AND
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1 (2) THE ISSUER OF THE ELECTRONIC RECORD EXPRESSLY HAS
2 AGREED IS A TRANSFERABLE RECORD.
3 CHAPTER 5
4 ATTRIBUTION OF RECORDS AND SIGNATURES
5 SECTION 501. ATTRIBUTION OF ELECTRONIC RECORDS AND SIGNATURES.
6 AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE IS ATTRIBUTED TO
7 A PERSON IF IT WAS THE ACT OF THAT PERSON OR ITS ELECTRONIC
8 AGENT, OR IF THE PERSON IS OTHERWISE BOUND BY IT UNDER THE LAW
9 OF AGENCY, THE PROVISIONS OF SECTION 502 (RELATING TO SECURE
10 ELECTRONIC RECORDS AND SIGNATURES) OR OTHER LAW. THE PARTY
11 RELYING ON ATTRIBUTION OF AN ELECTRONIC TRANSACTION TO ANOTHER
12 PERSON HAS THE BURDEN OF ESTABLISHING ATTRIBUTION.
13 SECTION 502. USE OF SECURITY PROCEDURES.
14 (A) SECURITY PROCEDURE.--IF THERE IS A SECURITY PROCEDURE
15 BETWEEN THE PARTIES WITH RESPECT TO THE ELECTRONIC TRANSACTION,
16 THE FOLLOWING RULES APPLY:
17 (1) THE EFFECT OF COMPLIANCE WITH A SECURITY PROCEDURE
18 ESTABLISHED BY A LAW OR REGULATION IS DETERMINED BY THAT LAW
19 OR REGULATION.
20 (2) IN ALL OTHER CASES, IF THE PARTIES AGREE TO USE OR
21 OTHERWISE KNOWINGLY ADOPT A SECURITY PROCEDURE TO VERIFY THE
22 PERSON FROM WHICH AN ELECTRONIC RECORD HAS BEEN SENT, THE
23 RECORD IS ATTRIBUTABLE TO THE PERSON IDENTIFIED BY THE
24 SECURITY PROCEDURE IF THE PERSON RELYING ON THE ATTRIBUTION
25 ESTABLISHES THAT:
26 (I) THE SECURITY PROCEDURE WAS COMMERCIALLY
27 REASONABLE;
28 (II) THE PARTY ACCEPTED OR RELIED ON THE ELECTRONIC
29 MESSAGE IN GOOD FAITH AND IN COMPLIANCE WITH THE SECURITY
30 PROCEDURE AND ANY ADDITIONAL AGREEMENT WITH OR SEPARATE
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1 INSTRUCTIONS OF THE OTHER PARTY; AND
2 (III) THE SECURITY PROCEDURE INDICATED THAT THE
3 ELECTRONIC MESSAGE WAS FROM THE PERSON TO WHICH
4 ATTRIBUTION IS SOUGHT.
5 (3) IF THE ELECTRONIC MESSAGE IS NOT BINDING ON A PERSON
6 UNDER SECTION 501 BUT IS OTHERWISE BINDING UNDER PARAGRAPH
7 (2), THE PERSON IS NEVERTHELESS NOT BOUND UNDER PARAGRAPH (2)
8 FOR THE ELECTRONIC MESSAGE IF THE PERSON SATISFIES THE BURDEN
9 OF ESTABLISHING THAT THE ELECTRONIC MESSAGE WAS CAUSED
10 DIRECTLY OR INDIRECTLY BY A PERSON:
11 (I) THAT WAS NOT ENTRUSTED AT ANY TIME WITH THE
12 RIGHT OR DUTY TO ACT FOR THE PERSON WITH RESPECT TO SUCH
13 ELECTRONIC MESSAGES OR SECURITY PROCEDURE;
14 (II) THAT LAWFULLY OBTAINED ACCESS TO TRANSMITTING
15 FACILITIES OF THE PERSON IF SUCH ACCESS FACILITATED THE
16 MISUSE OF THE SECURITY PROCEDURE; OR
17 (III) THAT OBTAINED, FROM A SOURCE CONTROLLED BY THE
18 PERSON, INFORMATION FACILITATING MISUSE OF THE SECURITY
19 PROCEDURE.
20 (B) COMMERCIAL REASONABLENESS.--THE EFFICACY AND COMMERCIAL
21 REASONABLENESS OF A SECURITY PROCEDURE IS TO BE DETERMINED BY
22 THE COURT, TAKING INTO CONSIDERATION THE PURPOSES OF THE
23 SECURITY PROCEDURE AND THE CIRCUMSTANCES AT THE TIME THE PARTIES
24 ADOPTED THE PROCEDURE. A SECURITY PROCEDURE ESTABLISHED BY LAW
25 OR REGULATION IS COMMERCIALLY REASONABLE FOR TRANSACTIONS
26 GOVERNED BY THE LAW OR REGULATION.
27 (C) INAPPLICABILITY TO CONSUMERS.--THE PROVISIONS OF THIS
28 SECTION SHALL NOT APPLY TO ANY ELECTRONIC TRANSACTION TO WHICH A
29 CONSUMER IS A PARTY.
30 SECTION 503. EFFECT OF USING SECURITY PROCEDURE TO DETECT
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1 ERRORS OR CHANGES.
2 (A) GENERAL RULE.--IF THE PARTIES USE A COMMERCIALLY
3 REASONABLE SECURITY PROCEDURE TO DETECT ERRORS OR CHANGES IN AN
4 ELECTRONIC TRANSACTION, THE FOLLOWING RULES SHALL APPLY:
5 (1) THE EFFECT OF A SECURITY PROCEDURE IS DETERMINED BY
6 THE AGREEMENT OR, IN THE ABSENCE OF AGREEMENT, BY THIS
7 SECTION OR ANY LAW ESTABLISHING THE SECURITY PROCEDURE.
8 (2) UNLESS THE CIRCUMSTANCES INDICATE OTHERWISE, IF A
9 SECURITY PROCEDURE INDICATES THAT AN ELECTRONIC MESSAGE HAS
10 NOT BEEN ALTERED SINCE A PARTICULAR TIME, IT IS TREATED AS
11 NOT HAVING BEEN ALTERED SINCE THAT TIME.
12 (3) IF A SECURITY PROCEDURE INDICATES THAT THERE IS NO
13 ERROR IN CONTENT, AN ELECTRONIC MESSAGE IS TREATED AT THE
14 TIME IT WAS SENT AS HAVING HAD THE CONTENT INTENDED BY THE
15 PERSON CREATING OR SENDING IT PURSUANT TO THE SECURITY
16 PROCEDURE.
17 (4) THE SENDER IS NOT BOUND BY A CHANGE OR ERROR IF:
18 (I) THE SENDER HAS CONFORMED TO A SECURITY PROCEDURE
19 BUT THE OTHER PARTY HAS NOT; AND
20 (II) THE NONCONFORMING PARTY WOULD HAVE DETECTED THE
21 CHANGE IF THE NONCONFORMING PARTY HAD ALSO CONFORMED.
22 (B) INAPPLICABILITY TO CONSUMERS.--THE PROVISIONS OF THIS
23 SECTION SHALL NOT APPLY TO ANY ELECTRONIC TRANSACTION TO WHICH A
24 CONSUMER IS A PARTY.
25 CHAPTER 7
26 GOVERNMENTAL AGENCIES
27 SECTION 701. CREATION AND RETENTION OF ELECTRONIC RECORDS AND
28 CONVERSION OF WRITTEN RECORDS.
29 EACH GOVERNMENTAL AGENCY OF THIS COMMONWEALTH SHALL DETERMINE
30 WHETHER, AND THE EXTENT TO WHICH, IT WILL CREATE AND RETAIN
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1 ELECTRONIC RECORDS AND CONVERT WRITTEN RECORDS TO ELECTRONIC
2 RECORDS. EXECUTIVE AGENCIES SHALL ALSO COMPLY WITH STANDARDS
3 PUBLISHED BY THE OFFICE OF ADMINISTRATION.
4 SECTION 702. ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS.
5 (A) OPTION.--EACH GOVERNMENTAL AGENCY OF THIS COMMONWEALTH
6 SHALL DETERMINE WHETHER, AND THE EXTENT TO WHICH, IT WILL SEND
7 AND ACCEPT ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES TO AND
8 FROM OTHER PERSONS AND OTHERWISE CREATE, GENERATE, COMMUNICATE,
9 STORE, PROCESS, USE AND RELY UPON ELECTRONIC RECORDS AND
10 ELECTRONIC SIGNATURES.
11 (B) SPECIFICS.--TO THE EXTENT THAT A GOVERNMENTAL AGENCY
12 USES ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES UNDER
13 SUBSECTION (A), THE GOVERNMENTAL AGENCY, GIVING DUE
14 CONSIDERATION TO SECURITY, MAY SPECIFY ALL OF THE FOLLOWING:
15 (1) THE MANNER AND FORMAT IN WHICH THE ELECTRONIC
16 RECORDS MUST BE CREATED, GENERATED, SENT, COMMUNICATED,
17 RECEIVED AND STORED AND THE SYSTEMS ESTABLISHED FOR THOSE
18 PURPOSES.
19 (2) IF ELECTRONIC RECORDS MUST BE SIGNED BY ELECTRONIC
20 MEANS, THE TYPE OF ELECTRONIC SIGNATURE REQUIRED, THE MANNER
21 AND FORMAT IN WHICH THE ELECTRONIC SIGNATURE MUST BE AFFIXED
22 TO THE ELECTRONIC RECORD, AND THE IDENTITY OF OR CRITERIA
23 THAT MUST BE MET BY ANY THIRD PARTY USED BY A PERSON FILING A
24 DOCUMENT TO FACILITATE THE PROCESS.
25 (3) CONTROL PROCESSES AND PROCEDURES AS APPROPRIATE TO
26 ENSURE ADEQUATE PRESERVATION, DISPOSITION, INTEGRITY,
27 SECURITY, CONFIDENTIALITY AND AUDITABILITY OF ELECTRONIC
28 RECORDS.
29 (4) ANY OTHER REQUIRED ATTRIBUTES FOR ELECTRONIC RECORDS
30 WHICH ARE SPECIFIED FOR CORRESPONDING NONELECTRONIC RECORDS
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1 OR REASONABLY NECESSARY UNDER THE CIRCUMSTANCES.
2 (C) NOT MANDATORY.--THIS CHAPTER DOES NOT REQUIRE A
3 GOVERNMENTAL AGENCY OF THIS COMMONWEALTH TO USE OR PERMIT THE
4 USE OF ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES.
5 SECTION 703. INTEROPERABILITY.
6 THE STANDARDS PUBLISHED BY THE OFFICE OF ADMINISTRATION UNDER
7 SECTION 701 SHOULD ENCOURAGE AND PROMOTE CONSISTENCY AND
8 INTEROPERABILITY WITH SIMILAR REQUIREMENTS ADOPTED BY OTHER
9 GOVERNMENTAL AGENCIES OF THIS AND OTHER STATES AND THE FEDERAL
10 GOVERNMENT AND NONGOVERNMENTAL PERSONS INTERACTING WITH
11 GOVERNMENTAL AGENCIES OF THIS COMMONWEALTH. IF APPROPRIATE,
12 THOSE STANDARDS MAY SPECIFY DIFFERING LEVELS OF STANDARDS FROM
13 WHICH GOVERNMENTAL AGENCIES OF THIS COMMONWEALTH MAY CHOOSE IN
14 IMPLEMENTING THE MOST APPROPRIATE STANDARD FOR A PARTICULAR
15 APPLICATION.
16 CHAPTER 51
17 MISCELLANEOUS PROVISIONS
18 SECTION 5101. EFFECTIVE DATE.
19 THIS ACT SHALL TAKE EFFECT IN 30 DAYS.
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