Are there any laws concerning the use of digital signatures for contracts and agreements?
In North Carolina, digital signatures are legally recognized for contracts and agreements. The Electronic Transactions Act (ETA) of 1999 was enacted to legitimize electronic signatures and records, making them valid under state law. This act made digital signatures equal to handwritten signatures in solely electronic transactions. The ETA states that contracts, agreements and records can be signed electronically and stored electronically. In order to use a digital signature, the parties involved must agree to utilize electronic records. When it comes to digital signatures, an electronic signature, also known as an Advanced Electronic Signature (AES) must be used. An AES requires two components: an authentication and a process for verifying the signature. The authentication could be a password or identifier and the verification process must record the date and time of the signature. An AES must be unique to a signer, and it cannot be used for any other purpose other than to sign the document and/or contract it is associated with. In summary, in North Carolina digital signatures are legally recognized for contracts and agreements. The Electronic Transactions Act of 1999 allows an Advanced Electronic Signature (AES) to be used. An AES requires two components: an authentication and a process for verifying the signature. It is important to make sure that an AES is unique to a signer, and can only be used for the specific document it is associated with.
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