Are there any laws concerning the use of digital signatures for contracts and agreements?

In the state of Mississippi, the use of digital signatures for contracts and agreements is subject to the Uniform Electronic Transactions Act (UETA) of 2011. The purpose of UETA is to promote statewide uniformity and consistency in the use of electronic records, signatures, and transactions. The act provides that electronic records and signatures have the same legal authority as paper records and handwritten signatures under traditional contracts and agreements. Digital signatures, along with other electronic records, are defined as a "record in electronic form that is created, generated, sent, communicated, received, or stored by electronic means." Examples include digital images of handwritten signatures, as well as cryptographic signatures, which are created through the application of public/private key encryption methods. The act also sets forth security requirements for digital signatures in Mississippi. These security requirements apply to all parties to an agreement and address how digital signatures must be authenticated and verified. Additionally, the act creates certain liabilities, such as when a party fails to use reasonable care in selecting the technology used to establish a digital signature. In summary, Mississippi recognizes digital signatures as a valid means of executing contracts and agreements. UETA provides a framework for the use of digital signatures, and specifies that they have the same legal force and effect as handwritten signatures. Therefore, businesses and individuals should be aware of the security requirements set forth in UETA when utilizing digital signatures in Mississippi.

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