§ 66-58.5. Validity of electronic signatures. - North Carolina Statutes

§ 66‑58.5.  Validity ofelectronic signatures.

(a)        An electronicsignature contained in a transaction undertaken pursuant to this Articlebetween a person and a public agency, or between public agencies, shall havethe same force and effect as a manual signature provided all of the followingrequirements are met:

(1)        The public agencyinvolved in the transaction requests or requires the use of electronicsignatures.

(2)        The electronicsignature contained in the transaction embodies all of the following attributes:

a.         It is unique to theperson using it;

b.         It is capable ofcertification;

c.         It is under solecontrol of the person using it;

d.         It is linked to datain such a manner that if the data are changed, the electronic signature isinvalidated; and

e.         It conforms to rulesadopted by the Secretary pursuant to this Article.

(b)        A transactionundertaken pursuant to this Article between a person and a public agency, orbetween public agencies, is not unenforceable, nor is it inadmissible intoevidence, on the sole ground that the transaction is evidenced by an electronicrecord or that it has been signed with an electronic signature.

(c)        This Article doesnot affect the validity of, presumptions relating to, or burdens of proofregarding an electronic signature that is accepted pursuant to Article 40 ofthis Chapter or other law. (1998‑127, s. 1; 2003‑233, s. 2.)