Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.
This title may be cited as the Uniform Electronic Transactions Act.
Title 2.5 - ELECTRONIC TRANSACTIONS
California Civil Code — §§ 1633.1-1633.17
Sections (9)
Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1)If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2)In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, all of the following conditions are met:
(i)The individual promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person.
(ii) The individual takes reasonable steps, including steps that conform to the other person’s reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a
result of the erroneous electronic record.
(iii)The individual has not used or received any benefit or value from the consideration, if any, received from the other person.
(3)If neither paragraph (1) nor (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties’ contract, if any.
(4)Paragraphs (2) and (3) may not be varied by agreement.
Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.
(a)If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.
(b)In a transaction, if a law requires that a statement be signed under penalty of perjury, the requirement is
satisfied with respect to an electronic signature, if an electronic record includes, in addition to the electronic signature, all of the information as to which the declaration pertains together with a declaration under penalty of perjury by the person who submits the electronic signature that the information is true and correct.
Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.
(a)If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record, if the electronic record reflects accurately the information set forth in the record at the time it was first generated in its final form as an electronic record or otherwise, and the electronic record remains accessible for later reference.
(b)A requirement to retain a record in accordance with subdivision (a) does not apply to
any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c)A person may satisfy subdivision (a) by using the services of another person if the requirements of subdivision (a) are satisfied.
(d)If a law requires a record to be retained in its original form, or provides consequences if the record is not retained in its original form, that law is satisfied by an electronic record retained in accordance with subdivision (a).
(e)If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subdivision (a).
(f)A record retained as an electronic record in accordance with subdivision (a)
satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after the effective date of this title specifically prohibits the use of an electronic record for a specified purpose.
(g)This section does not preclude a governmental agency from specifying additional requirements for the retention of a record subject to the agency’s jurisdiction.
Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.
(a)In an automated transaction, the following rules apply:
(1)A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements.
(2)A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual’s own behalf or for another person,
including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(b)The terms of the contract are determined by the substantive law applicable to it.
Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.
(a)Unless the sender and the recipient agree to a different method of sending that is reasonable under the circumstances, an electronic record is sent when the information is addressed properly or otherwise directed properly to the recipient and either (1) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender, or (2) enters a region of an information processing system that is under the control of the recipient.
(b)Unless the sender and the recipient agree to a different method of receiving that is reasonable under the circumstances, an electronic record is received when the electronic record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
(c)Subdivision (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subdivision (d).
(d)Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the
sender’s place of business and to be received at the recipient’s place of business or, if the recipient is an individual acting on his or her own behalf, at the recipient’s place of residence. For purposes of this subdivision, the following rules apply:
(1)If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
(2)If the sender or the recipient does not have a place of business, the place of business is the sender’s or recipient’s residence, as the case may be.
(e)An electronic record is received under subdivision (b) even if no individual is aware of its receipt.
(f)Receipt of an electronic acknowledgment from an information
processing system described in subdivision (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g)If a person is aware that an electronic record purportedly sent under subdivision (a), or purportedly received under subdivision (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, this subdivision may not be varied by agreement.
Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.
If a law other than this title requires that a notice of the right to cancel be provided or sent, an electronic record may not substitute for a writing under that other law unless, in addition to satisfying the requirements of that other law and this title, the notice of cancellation may be returned by electronic means. This section may not be varied by agreement.
Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.
No state agency, board, or commission may require, prohibit, or regulate the use of an electronic signature in a transaction in which the agency, board, or commission is not a party unless a law other than this title expressly authorizes the requirement, prohibition, or regulation.