84.001 Short title
ORS 84.001 to 84.061 may be cited as the Uniform Electronic Transactions Act.
Oregon Revised Statutes
Chapter 84 — Electronic Transactions
27 sections84.004 Definitions for ORS 84.001 to 84.061
As used in ORS 84.001 to 84.061: “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. “Automated transaction” means a transaction conducted or performed, in w…
84.007 Scope
Except as otherwise provided in subsection (2) of this section, ORS 84.001 to 84.061 apply to electronic records and electronic signatures relating to a transaction. ORS 84.001 to 84.061 do not apply to a transaction to the extent it is governed by: A law governing the creation and execution of wills, codicils or testamentary trusts; or The Uniform Commer…
84.010 Prospective application
ORS 84.001 to 84.061 apply to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after June 22, 2001.
84.013 Use of electronic records and electronic signatures; variation by agreement
ORS 84.001 to 84.061 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. ORS 84.001 to 84.061 apply only to transactions between parties, each of which has agreed to conduct transactions by electronic means. Whether the parties agree to …
84.014 Consent for conducting transaction with governmental agency
Notwithstanding the provisions of ORS 84.013, a governmental agency does not require an individual’s agreement or consent to conduct a transaction by electronic means or create or retain an electronic record of a transaction if the governmental agency conducts transactions by electronic means or creates, sends, accepts, generates, communicates, stores, proce…
84.016 Construction and application
ORS 84.001 to 84.061 must be construed and applied: To facilitate electronic transactions consistent with other applicable law; To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and To effectuate the general purpose of ORS 84.001 to 84.061 to make uniform the law with respect…
84.019 Legal recognition of electronic records, electronic signatures and electronic contracts
A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. If a law requires a record to be in writing, an electronic record satisfies the law. If a law requires a signature, an ele…
84.022 Provision of information in writing; presentation of records
If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An elect…
84.025 Attribution and effect of electronic record and electronic signature
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 which the electronic record or electronic signature was attributable. The effect of an electronic record o…
84.028 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: 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 ha…
84.031 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.
84.034 Retention of electronic records; originals
If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that: 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 Remains accessible for later reference. A requirement to reta…
84.037 Admissibility in evidence
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
84.040 Automated transaction
In an automated transaction, the following rules apply: 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. A contract may be formed by the interaction of an electronic agent and an individual, acting on the indi…
84.043 Time and place of sending and receipt
Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: 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…
84.046 Transferable records
As used in this section, “transferable record” means an electronic record that: Would be a note under ORS chapter 73 or a document under ORS chapter 77 if the electronic record were in writing; and The issuer of the electronic record expressly has agreed is a transferable record. A person has control of a transferable record if a system employed for evide…
84.049 Creation and retention of electronic records by governmental agency; conversion of records into electronic records
A governmental agency of this state shall determine whether, and the extent to which, the governmental agency will create and retain electronic records or convert written records or records that exist in other forms into electronic records. A person with authority to create or retain custody of a record on behalf of a governmental agency may approve the con…
84.052 Acceptance and distribution of electronic records by governmental agencies
Except as otherwise provided in ORS 84.034 (6), 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. To…
84.055 Interoperability
A governmental agency in this state that adopts standards pursuant to ORS 84.052 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this state and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate,…
84.058 Severability clause
If any provision of ORS 84.001 to 84.061 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions of ORS 84.001 to 84.061 that can be given effect without the invalid provision or application, and to this end the provisions of ORS 84.001 to 84.061 are severable.
84.061 Federal electronic signatures law partially superseded
ORS 84.001 to 84.061 constitute the adoption of the Uniform Electronic Transactions Act as approved and recommended for enactment by the National Conference of Commissioners on Uniform State Laws in 1999 and supersede the provisions of section 101 of the federal Electronic Signatures in Global and National Commerce Act (P.L. 106-229) in accordance with secti…
84.063 Rules
A governmental agency may adopt rules necessary to implement the provisions of ORS 84.014 and the amendments to ORS 84.049 by section 3, chapter 39, Oregon Laws 2011. MISCELLANEOUS PROVISIONS
84.064 State Chief Information Officer duties; rules
For purposes of ORS 84.049, 84.052 and 84.055, the State Chief Information Officer shall make determinations and adopt standards for state agencies. The State Chief Information Officer shall adopt rules to govern state agency use of electronic signatures. The rules must include control processes and procedures to ensure adequate integrity, security and conf…
84.067 State Archivist duties
Nothing in ORS 84.049 limits or modifies the powers and duties of the State Archivist under ORS 192.005 to 192.170 and 357.805 to 357.895.
84.070 Consumer transactions; treatment of oral communications; consent to use of electronic records
As used in this section: “Consumer” means: An individual who obtains, through a transaction, products or services that are used primarily for personal, family or household purposes; and The legal representative of the individual. “Electronic record,” “information” and “transaction” have the meanings given those terms in ORS 84.004. Notwithstanding ORS 8…
84.072 Conditions under which public body may send notice by electronic mail
As used in this section: “Agreement” has the meaning given that term in ORS 84.004. “Public body” has the meaning given that term in ORS 174.109. A public body may send to a person by electronic mail a notice that a law of this state requires the public body to send by regular mail if: The law does not expressly prohibit or restrict the use of electronic…