[Rev. 11/21/2013 3:25:58
PM--2013]
TITLE 59 - ELECTRONIC RECORDS AND TRANSACTIONS
CHAPTER 719 - ELECTRONIC TRANSACTIONS
(UNIFORM ACT)
NRS 719.010 Short
title.
NRS 719.020 Definitions.
NRS 719.030 “Agreement”
defined.
NRS 719.040 “Automated
transaction” defined.
NRS 719.050 “Computer
program” defined.
NRS 719.060 “Contract”
defined.
NRS 719.070 “Electronic”
defined.
NRS 719.080 “Electronic
agent” defined.
NRS 719.090 “Electronic
record” defined.
NRS 719.100 “Electronic
signature” defined.
NRS 719.110 “Governmental
agency” defined.
NRS 719.120 “Information”
defined.
NRS 719.130 “Information
processing system” defined.
NRS 719.140 “Person”
defined.
NRS 719.150 “Record”
defined.
NRS 719.160 “Security
procedure” defined.
NRS 719.170 “State”
defined.
NRS 719.180 “Transaction”
defined.
NRS 719.200 Scope.
NRS 719.210 Prospective
application; application of Electronic Signatures in Global and National
Commerce Act.
NRS 719.220 Use
of electronic records and electronic signatures; variation by agreement.
NRS 719.230 Application
and construction: Promotion of uniformity.
NRS 719.240 Legal
recognition of electronic records, electronic signatures and electronic
contracts.
NRS 719.250 Provision
of information in writing; presentation of records.
NRS 719.260 Attribution
and effect of electronic record and electronic signature.
NRS 719.270 Effect
of change or error.
NRS 719.280 Notarization
and acknowledgment.
NRS 719.290 Retention
of electronic records; originals.
NRS 719.300 Admissibility
in evidence.
NRS 719.310 Automated
transaction.
NRS 719.320 Time
and place of sending and receipt.
NRS 719.330 Transferable
records.
NRS 719.340 Creation
and retention of electronic records and conversion of written records by
governmental agencies.
NRS 719.345 Governmental
agency may be required to have certain electronic capabilities as condition of
participation in state business portal.
NRS 719.350 Acceptance
and distribution of electronic records by governmental agencies.
_________
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NRS 719.010 Short title. This
chapter may be cited as the Uniform Electronic Transactions Act.
(Added to NRS by 2001, 2714)
NRS 719.020 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 719.030 to 719.180, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 2001, 2714)
NRS 719.030 “Agreement” defined. “Agreement”
means the bargain of the parties in fact, as found in their language or
inferred from other circumstances and from rules, regulations and procedures
given the effect of agreements under laws otherwise applicable to a particular
transaction.
(Added to NRS by 2001, 2714)
NRS 719.040 “Automated transaction” defined. “Automated
transaction” means a transaction conducted or performed, in whole or in part,
by electronic means or electronic records, in which the acts or records of one
or both parties are not reviewed by a natural person in the ordinary course in
forming a contract, performing under an existing contract or fulfilling an
obligation required by the transaction.
(Added to NRS by 2001, 2714)
NRS 719.050 “Computer program” defined. “Computer
program” means a set of statements or instructions to be used directly or
indirectly in an information processing system in order to bring about a
certain result.
(Added to NRS by 2001, 2715)
NRS 719.060 “Contract” defined. “Contract”
means the total legal obligation resulting from the parties’ agreement as affected
by this chapter and other applicable law.
(Added to NRS by 2001, 2715)
NRS 719.070 “Electronic” defined. “Electronic”
means relating to technology having electrical, digital, magnetic, wireless,
optical, electromagnetic or similar capabilities.
(Added to NRS by 2001, 2715)
NRS 719.080 “Electronic agent” defined. “Electronic
agent” means a computer program or an electronic or other automated means used
independently to initiate an action or respond to electronic records or
performances in whole or in part, without review or action by a natural person.
(Added to NRS by 2001, 2715)
NRS 719.090 “Electronic record” defined. “Electronic
record” means a record created, generated, sent, communicated, received or
stored by electronic means.
(Added to NRS by 2001, 2715)
NRS 719.100 “Electronic signature” defined. “Electronic
signature” means an electronic sound, symbol or process attached to or
logically associated with a record and executed or adopted by a person with the
intent to sign the record.
(Added to NRS by 2001, 2715)
NRS 719.110 “Governmental agency” defined. “Governmental
agency” means an executive, legislative or judicial agency, department, board,
commission, authority, institution or instrumentality of the Federal Government
or of a state or of a county, municipality or other political subdivision of a
state.
(Added to NRS by 2001, 2715)
NRS 719.120 “Information” defined. “Information”
means data, text, images, sounds, codes, computer programs, software, databases
or the like.
(Added to NRS by 2001, 2715)
NRS 719.130 “Information processing system” defined. “Information processing system” means an
electronic system for creating, generating, sending, receiving, storing,
displaying or processing information.
(Added to NRS by 2001, 2715)
NRS 719.140 “Person” defined. “Person”
includes a governmental agency and a public corporation.
(Added to NRS by 2001, 2715)
NRS 719.150 “Record” defined. “Record”
means information that is inscribed on a tangible medium or that is stored in
an electronic or other medium and is retrievable in perceivable form.
(Added to NRS by 2001, 2715)
NRS 719.160 “Security procedure” defined. “Security
procedure” means a procedure employed for the purpose of verifying that an
electronic signature, record or performance is that of a specific person or for
detecting changes or errors in the information in an electronic record. The
term includes a procedure that requires the use of algorithms or other codes,
identifying words or numbers, encryption or callback, or other acknowledgment
procedures.
(Added to NRS by 2001, 2715)
NRS 719.170 “State” defined. “State”
means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands or any territory or insular possession subject to
the jurisdiction of the United States. The term includes an Indian tribe or
band, or Alaskan native village, which is recognized by federal law or formally
acknowledged by a state.
(Added to NRS by 2001, 2715)
NRS 719.180 “Transaction” defined. “Transaction”
means an action or set of actions occurring between two or more persons
relating to the conduct of business, commercial or governmental affairs.
(Added to NRS by 2001, 2715)
NRS 719.200 Scope.
1. Except as otherwise provided in
subsection 2, the provisions of this chapter apply to electronic records and
electronic signatures relating to a transaction.
2. The provisions of this chapter do not
apply to a transaction to the extent it is governed by:
(a) A law governing the creation and execution of
wills, codicils or testamentary trusts;
(b) The Uniform Commercial Code other than NRS 104.1306, 104.2101 to 104.2725, inclusive, and 104A.2101 to 104A.2532, inclusive; or
(c) The provisions of NRS 439.581 to 439.595, inclusive, and the regulations
adopted pursuant thereto.
3. The provisions of this chapter apply to
an electronic record or electronic signature otherwise excluded from the
application of this chapter under subsection 2 to the extent it is governed by
a law other than those specified in subsection 2.
4. A transaction subject to the provisions
of this chapter is also subject to other applicable substantive law.
(Added to NRS by 2001, 2715; A 2005, 885; 2011, 1765)
NRS 719.210 Prospective application; application of Electronic Signatures in
Global and National Commerce Act.
1. The provisions of this chapter apply to
any electronic record or electronic signature created, generated, sent,
communicated, received or stored on or after October 1, 2001.
2. The provisions of section 101(c) of the
Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et
seq., apply under this chapter to a transaction in which a natural person
acquires goods or services that are used primarily for personal, family or
household purposes.
(Added to NRS by 2001, 2716)
NRS 719.220 Use of electronic records and electronic signatures; variation
by agreement.
1. The provisions of this chapter do not
require a record or signature to be created, generated, sent, communicated,
received, stored or otherwise processed or used by electronic means or in
electronic form.
2. The provisions of this chapter apply
only to transactions between parties each of whom has agreed to conduct
transactions by electronic means. Whether the parties agree to conduct a
transaction by electronic means is determined from the context and surrounding
circumstances, including the parties’ conduct.
3. A party that agrees to conduct a
transaction by electronic means may refuse to conduct other transactions by
electronic means. The right granted by this subsection may not be waived by
agreement.
4. Except as otherwise provided in this
chapter, the effect of any of the provisions of this chapter may be varied by
agreement. The presence in certain provisions of this chapter of the words
“unless otherwise agreed” or words of similar import does not imply that the
effect of other provisions may not be varied by agreement.
5. Whether an electronic record or
electronic signature has legal consequences is determined by the provisions of
this chapter and other applicable law.
(Added to NRS by 2001, 2716)
NRS 719.230 Application and construction: Promotion of uniformity. In applying and construing this uniform act,
consideration must be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
(Added to NRS by 2001, 2721)
NRS 719.240 Legal recognition of electronic records, electronic signatures
and electronic contracts.
1. A record or signature may not be denied
legal effect or enforceability solely because it is in electronic form.
2. A contract may not be denied legal
effect or enforceability solely because an electronic record was used in its
formation.
3. If a law requires a record to be in
writing, an electronic record satisfies the law.
4. If a law requires a signature, an
electronic signature satisfies the law.
(Added to NRS by 2001, 2716)
NRS 719.250 Provision of information in writing; presentation of records.
1. If parties have agreed to conduct a
transaction by electronic means and a law requires that a contract or other
record relating to the transaction be in writing, the legal effect, validity or
enforceability of the contract or other record may be denied if an electronic
record of the contract or other record is not in a form that is capable of
being retained and accurately reproduced for later reference by all parties or
other persons who are entitled to retain the contract or record.
2. If a law other than this chapter
requires a record to be posted or displayed in a certain manner, to be sent,
communicated or transmitted by a specified method or to contain information
that is formatted in a certain manner, the following rules apply:
(a) The record must be posted or displayed in the
manner specified in the other law.
(b) Except as otherwise provided in paragraph (b)
of subsection 6, the record must be sent, communicated or transmitted by the
method specified in the other law.
(c) The record must contain the information
formatted in the manner specified in the other law.
3. If a sender inhibits the ability of a
recipient to store or print an electronic record, the electronic record is not
enforceable against the recipient.
4. A requirement that a notice be in
writing is not satisfied by providing or delivering the notice electronically
if the notice is a notice of:
(a) The cancellation or termination of service by
a public utility;
(b) Default, acceleration, repossession,
foreclosure or eviction, or the right to cure, under a credit agreement secured
by, or a rental agreement for, a primary residence of a natural person;
(c) The cancellation or termination of a policy
of health insurance, benefits received pursuant to a policy of health insurance
or benefits received pursuant to a policy of life insurance, excluding
annuities; or
(d) The recall of a product, or material failure
of a product, that risks endangering the health or safety of a person.
5. A requirement that a document be in
writing is not satisfied by providing or delivering the document electronically
if the document is required to accompany any transportation or handling of
hazardous materials, pesticides, or other toxic or dangerous materials.
6. The requirements of this section may
not be varied by agreement, but:
(a) To the extent a law other than this chapter
requires that a contract or other record relating to a transaction be in
writing but permits that requirement to be varied by agreement, the provisions
of subsection 1 concerning the denial of the legal effect, validity or
enforceability of a contract or other record relating to a transaction may also
be varied by agreement; and
(b) A requirement under a law other than this
chapter to send, communicate or transmit a record by first-class mail, postage
prepaid, regular United States mail, may be varied by agreement to the extent
permitted by the other law.
(Added to NRS by 2001, 2716)
NRS 719.260 Attribution and effect of electronic record and electronic
signature.
1. An electronic record or electronic
signature is attributable to a person if it was the act of the person. The act
of the person may be shown in any manner, including a showing of the efficacy
of any security procedure applied to determine the person to whom the
electronic record or electronic signature was attributable.
2. The effect of an electronic record or
electronic signature attributed to a person under subsection 1 is determined
from the context and surrounding circumstances at the time of its creation,
execution or adoption, including the parties’ agreement, if any, and otherwise
as provided by law.
(Added to NRS by 2001, 2717)
NRS 719.270 Effect of change or error. 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 a
natural person, the natural person may avoid the effect of an electronic record
that resulted from an error made 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 natural person
learns of the error, the natural person:
(a) Promptly notifies the other person of the
error and that the natural person did not intend to be bound by the electronic
record received by the other person;
(b) 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; and
(c) Has not used or received any benefit or value
from the consideration, if any, received from the other person.
3. If neither subsection 1 nor subsection
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. Subsections 2 and 3 may not be varied by
agreement.
(Added to NRS by 2001, 2718)
NRS 719.280 Notarization and acknowledgment. If
a law requires a signature or record to be notarized, acknowledged, verified or
made under oath, the requirement is satisfied if the electronic signature of
the person authorized to perform those acts, together with all other
information required to be included by other applicable law, is attached to or
logically associated with the signature or record.
(Added to NRS by 2001, 2718)
NRS 719.290 Retention of electronic records; originals.
1. If a law requires that a record be
retained, the requirement is satisfied by retaining an electronic record of the
information in the record which:
(a) Accurately reflects the information set forth
in the record after it was first generated in its final form as an electronic
record or otherwise; and
(b) Remains accessible to all persons who are
legally entitled to access to the record, for the period required by law, in a
form that is capable of being accurately reproduced for later reference.
2. A requirement to retain a record in
accordance with subsection 1 does not apply to any information the sole purpose
of which is to enable the record to be sent, communicated or received.
3. A person may satisfy subsection 1 by
using the services of another person if the requirements of that subsection are
satisfied.
4. If a law requires a record to be
presented or retained in its original form, or provides consequences if the
record is not presented or retained in its original form, that law is satisfied
by an electronic record retained in accordance with subsection 1.
5. 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 subsection 1.
6. A record retained as an electronic
record in accordance with subsection 1 satisfies a law requiring a person to
retain a record for evidentiary, audit or like purposes, unless a law enacted
after October 1, 2001, specifically prohibits the use of an electronic record
for the specified purpose.
7. This section does not preclude a
governmental agency of this state from specifying additional requirements for
the retention of a record subject to the agency’s jurisdiction.
(Added to NRS by 2001, 2718)
NRS 719.300 Admissibility in evidence. In
a proceeding, evidence of a record or signature must not be excluded solely
because it is in electronic form.
(Added to NRS by 2001, 2719)
NRS 719.310 Automated transaction. 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 natural person 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 a natural person, acting on his or her
own behalf or for another person, as by an interaction in which the natural
person performs actions that the natural person is free to refuse to perform
and which the natural person knows or has reason to know will cause the
electronic agent to complete the transaction or performance.
3. The terms of the contract are
determined by the substantive law applicable to it.
(Added to NRS by 2001, 2719)
NRS 719.320 Time and place of sending and receipt.
1. Unless otherwise agreed between the
sender and the recipient, an electronic record is sent when it:
(a) Is addressed properly or otherwise directed
properly to an information processing system that the recipient has designated
or uses for the purpose of receiving electronic records or information of the
type sent and from which the recipient is able to retrieve the electronic
record;
(b) Is in a form capable of being processed by
that system; and
(c) 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 enters a region of the information processing
system designated or used by the recipient which is under the control of the
recipient.
2. Unless otherwise agreed between a sender
and the recipient, an electronic record is received when:
(a) It 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 and from which the recipient
is able to retrieve the electronic record; and
(b) It is in a form capable of being processed by
that system.
3. Subsection 2 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 subsection 4.
4. 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. For purposes of this
subsection, the following rules apply:
(a) If the sender or recipient has more than one
place of business, the place of business is the place having the closest
relationship to the underlying transaction.
(b) 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.
5. An electronic record is received under
subsection 2 even if no natural person is aware of its receipt.
6. Receipt of an electronic acknowledgment
from an information processing system described in subsection 2 establishes
that a record was received but, by itself, does not establish that the content
sent corresponds to the content received.
7. If a person is aware that an electronic
record purportedly sent under subsection 1, or purportedly received under
subsection 2, 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, the requirements of this subsection may not be
varied by agreement.
(Added to NRS by 2001, 2719)
NRS 719.330 Transferable records.
1. In this section, “transferable record”
means an electronic record that:
(a) Would be a note under NRS 104.3101 to 104.3605, inclusive, or a document under NRS 104.7101 to 104.7603, inclusive, if the electronic
record were in writing; and
(b) The issuer of the electronic record expressly
has agreed is a transferable record.
2. A person has control of a transferable
record if a system employed for evidencing the transfer of interests in the
transferable record reliably establishes him or her as the person to whom the
transferable record was issued or transferred.
3. A system satisfies subsection 2, and a
person is deemed to have control of a transferable record, if the transferable
record is created, stored and assigned in such a manner that:
(a) A single authoritative copy of the
transferable record exists which is unique, identifiable, and, except as
otherwise provided in paragraphs (d), (e) and (f), unalterable;
(b) The authoritative copy identifies the person
asserting control as:
(1) The person to whom the transferable
record was issued; or
(2) If the authoritative copy indicates
that the transferable record has been transferred, the person to whom the
transferable record was most recently transferred;
(c) The authoritative copy is communicated to and
maintained by the person asserting control or its designated custodian;
(d) Copies or revisions that add or change an
identified assignee of the authoritative copy can be made only with the consent
of the person asserting control;
(e) Each copy of the authoritative copy and any
copy of a copy is readily identifiable as a copy that is not the authoritative
copy; and
(f) Any revision of the authoritative copy is
readily identifiable as authorized or unauthorized.
4. Except as otherwise agreed, a person
having control of a transferable record is the holder, as defined in paragraph
(u) of subsection 2 of NRS 104.1201,
of the transferable record and has the same rights and defenses as a holder of
an equivalent record or writing under the Uniform Commercial Code, including,
if the applicable statutory requirements under NRS 104.7501, 104.9308 or subsection 1 of NRS 104.3302 are satisfied, the rights
and defenses of a holder to whom a negotiable document of title has been duly
negotiated, a purchaser, or a holder in due course, respectively. Delivery,
possession and endorsement are not required to obtain or exercise any of the
rights under this subsection.
5. Except as otherwise agreed, an obligor
under a transferable record has the same rights and defenses as an equivalent
obligor under equivalent records or writings under the Uniform Commercial Code.
6. If requested by a person against whom
enforcement is sought, the person seeking to enforce the transferable record
shall provide reasonable proof that the person is in control of the
transferable record. Proof may include access to the authoritative copy of the
transferable record and related business records sufficient to review the terms
of the transferable record and to establish the identity of the person having
control of the transferable record.
(Added to NRS by 2001, 2720; A 2005, 886)
NRS 719.340 Creation and retention of electronic records and conversion of
written records by governmental agencies. Each
governmental agency of this State shall determine whether, and the extent to
which, it will create and retain electronic records and convert written records
to electronic records.
(Added to NRS by 2001, 2721)
NRS 719.345 Governmental agency may be required to have certain electronic
capabilities as condition of participation in state business portal. The Secretary of State may require a
governmental agency of this State or a governmental agency of a political
subdivision of this State, as a condition of participation in the state
business portal established pursuant to NRS
75A.100, 75A.200 and 75A.300, to send and accept electronic
records and electronic signatures to and from other persons and otherwise
create, generate, communicate, store, process, use and rely upon electronic
records and electronic signatures.
(Added to NRS by 2009, 2053)
NRS 719.350 Acceptance and distribution of electronic records by
governmental agencies.
1. Except as otherwise provided in subsection
6 of NRS 719.290 and NRS
719.345, each governmental agency of this state shall determine whether,
and the extent to which, it will send and accept electronic records and
electronic signatures to and from other persons and otherwise create, generate,
communicate, store, process, use and rely upon electronic records and
electronic signatures.
2. Except as otherwise provided in NRS 719.345, to the extent that a governmental agency
uses electronic records and electronic signatures under subsection 1, the
governmental agency, giving due consideration to security, may specify:
(a) The manner and format in which the electronic
records must be created, generated, sent, communicated, received and stored and
the systems established for those purposes;
(b) If electronic records must be signed by
electronic means, the type of electronic signature required, the manner and
format in which the electronic signature must be affixed to the electronic
record, and the identity of, or criteria that must be met by, any third party
used by a person filing a document to facilitate the process;
(c) Processes and procedures as appropriate to
ensure adequate preservation, disposition, integrity, security, confidentiality
and auditability of electronic records; and
(d) Any other required attributes for electronic
records which are specified for corresponding nonelectronic records or
reasonably necessary under the circumstances.
3. Except as otherwise provided in
subsection 6 of NRS 719.290 and NRS 719.345, the provisions of this chapter do not
require a governmental agency of this state to use or permit the use of
electronic records or electronic signatures.
(Added to NRS by 2001, 2721; A 2009, 2053)
