What are the laws concerning electronic signatures?
In North Carolina, the Electronic Transactions Act (ETA) governs the use of electronic signatures. According to the ETA, an electronic signature is any electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. The ETA states that electronic signatures have the same legal validity as their paper and ink counterparts. In other words, an electronic signature carries the same weight as if a person had physically signed a document on paper. This requires that the signer had the intention to sign the document and any authentication process used to verify the signer has met the technical requirements of the ETA. In addition, the ETA states that records signed electronically must be stored securely and must be capable of being read and authenticated for any legal proceedings. This ensures that the electronic signatures are legally binding and that the signers are identifiable. In conclusion, North Carolina’s Electronic Transactions Act recognizes the validity of electronic signatures. Under the law, they are treated the same as manually signed paper documents and must be stored securely and authenticated in order to be legally binding.
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