ContractsElectronic Transactions
Section § 1633.1
This section is officially naming the set of rules governing electronic transactions as the Uniform Electronic Transactions Act.
Section § 1633.2
This section defines key terms used in electronic transactions and communications. It explains what various words mean when dealing with electronic agreements, records, and signatures. It covers terms like 'agreement,' 'automated transaction,' 'electronic agent,' and 'electronic signature,' clarifying how technology fits into traditional legal concepts. For example, an 'electronic signature' can be a sound or symbol used to sign a digital document, and an 'automated transaction' may not need direct human involvement. Understanding these terms helps businesses and individuals know how electronic contracts and transactions work legally.
Section § 1633.3
This law section mainly deals with the rules around using electronic records and signatures for business transactions. It applies generally but excludes certain areas, like wills, many parts of the Uniform Commercial Code, and specific laws requiring separate signatures. However, this doesn't mean those transactions can't use electronic methods if other laws allow it. Certain transactions, like those involving alarm companies, are explicitly covered by this rule even if other laws might seem to exclude them. Overall, electronic records and signatures are widely usable but must align with other relevant laws.
Section § 1633.4
Section § 1633.5
This law says that records and signatures don't have to be electronic unless everyone involved agrees to it. All parties must agree to the transaction being electronic, and this can't be assumed just because someone used electronic methods to pay or register. You can't be forced into electronic contracts in standard form agreements, and the choice to go electronic must be clear. Even if you agree to one electronic transaction, you can still choose to handle future ones by nonelectronic means. Certain parts of these rules can be adjusted if both parties agree, unless it's stated otherwise in the law.
Section § 1633.6
This law is about making sure electronic transactions work smoothly and fit with existing laws. It aims to keep electronic business practices reasonable and to support their growth. Additionally, it seeks to ensure that laws about electronic transactions are similar across different states that adopt this regulation.
Section § 1633.7
This law says that electronic records and signatures are just as legal and enforceable as traditional paper ones. You can't reject a record, signature, or contract simply because it's electronic. If something needs to be in writing or signed, doing it electronically counts.
Section § 1633.8
This law says if people agree to do a business deal electronically, any information that must legally be given in writing can be shared electronically, as long as the recipient can keep a copy. If you can't print or save the electronic message, it's not legally binding. Also, if a law specifies how records should be shown, sent, or formatted, you must follow those instructions. You can't change these requirements unless another law lets you. Finally, if electronic records can't be saved or printed due to the sender, they're invalid for the recipient.
Section § 1633.9
If an electronic document or signature can be traced back to someone, it was likely created by them. How someone can prove this includes showing any security methods used to verify it. What that electronic document or signature means depends on the situation when it was made, any deal the involved parties have, or as decided by other rules.
Section § 1633.10
If there's a mistake or change in an electronic record during a transaction, here’s how it’s handled: If the parties agreed to a security check to spot errors and one followed the rules but the other didn’t, the rule-following party can ignore the mistake. In a transaction using automated systems, if someone accidentally makes a mistake and the system didn’t allow a way to fix it, they can also ignore the error if they quickly notify the other party, return anything they received by mistake, and haven’t used it. If neither situation fits, the mistake is resolved by other laws or contract terms. Notably, some of these rules can’t be changed by agreement.
Section § 1633.11
This section explains that if a law requires a signature to be notarized, an electronic signature can meet this requirement as long as it includes the notary's electronic signature and other necessary details. Similarly, if something must be signed under penalty of perjury, an electronic signature is acceptable if it is accompanied by a declaration that the information is true and correct, along with all relevant details.
Section § 1633.12
This law explains that if a record needs to be kept by law, you can use an electronic copy as long as it accurately shows what the original record looked like and can be accessed later. You don't have to keep info that only helps send or receive the record. You can hire someone else to keep the record electronically, as long as it follows these rules. If a law says the record must be kept in its original form, this can also be fulfilled with an accurate electronic version. The same goes for checks, as long as you keep both sides’ information electronically. For legal, auditing, or similar needs, an electronic copy is valid unless a new law says otherwise. Government agencies might have additional rules for records they oversee.
Section § 1633.13
This law states that in any type of legal proceeding, you can't reject a piece of evidence just because it's electronic, like an email or digital signature.
Section § 1633.14
This law is about how contracts can be formed in transactions that use computers or software, called electronic agents, to handle interactions. A contract can still be valid even if the people involved never directly interact with each other or even see the terms, as long as the electronic systems do the work. An individual can also interact with an electronic agent to form a contract, especially when they knowingly perform actions that prompt the agent to finalize the deal. The actual terms of the contract are decided by other applicable laws.
Section § 1633.15
This law explains how electronic records, like emails or digital documents, are sent and received between parties. Generally, a record is considered sent when it's properly addressed and leaves the sender's control, and received when it enters a system that the recipient uses and can be accessed by them. The actual location of the system doesn't change where the record is legally sent or received, which is usually the business address of the sender or recipient. Even if no one notices a record arriving, it's still considered received. An acknowledgment from a system confirms receipt but doesn’t guarantee the content's accuracy. If it turns out a record wasn't really sent or received, other laws determine what happens next, and agreements can't change this rule.
Section § 1633.16
If a law says you need to give someone a notice that they can cancel something, you can't just send it electronically unless it also allows them to cancel online. And you can't change this rule by making an agreement.
Section § 1633.17
This law says that state agencies, boards, or commissions in California can't dictate the use of electronic signatures in a transaction unless they are directly involved, unless there's another specific law that gives them that power.