59.1-502.13 - Determining attribution. - Virginia Statutes

§ 59.1-502.13. Determining attribution.

(a) An electronic authentication, display, message, record, or performance isattributed to a person if it was the act of the person or its electronicagent, or if the person is bound by it under agency or other law. The partyrelying on attribution of an electronic authentication, display, message,record, or performance to another person has the burden of establishingattribution.

(b) The act of a person may be shown in any manner, including a showing ofthe efficacy of an attribution procedure that was agreed to or adopted by theparties or established by law.

(c) The effect of an electronic act attributed to a person under subsection(a) is determined from the context at the time of its creation, execution, oradoption, including the parties' agreement, if any, or otherwise as providedby law.

(d) If an attribution procedure exists to detect errors or changes in anelectronic authentication, display, message, record, or performance, and wasagreed to or adopted by the parties or established by law, and one partyconformed to the procedure but the other party did not, and the nonconformingparty would have detected the change or error had that party also conformed,the effect of noncompliance is determined by the agreement but, in theabsence of agreement, the conforming party may avoid the effect of the erroror change.

(2000, cc. 101, 996.)