Nebraska Statutes 86-635. Provision of information in writing; presentation of records
(1) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
Terms Used In Nebraska Statutes 86-635
- Agreement: means the bargain of the parties in fact as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Nebraska Statutes 86-614
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Nebraska Statutes 86-618
- Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Nebraska Statutes 86-620
- Information: means data, text, images, sounds, codes, computer programs, software, databases, or the like. See Nebraska Statutes 86-623
- Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. See Nebraska Statutes 86-624
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Nebraska Statutes 86-625
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Nebraska Statutes 86-626
- Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See Nebraska Statutes 86-629
- United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
(2) If a law other than the Uniform Electronic Transactions Act requires a record to be posted or displayed in a certain manner; to be sent, communicated, or transmitted by a specified method; or to contain information that is formatted in a certain manner, the following rules apply:
(a) The record must be posted or displayed in the manner specified in the other law;
(b) Except as otherwise provided in subdivision (4)(b) of this section, the record must be sent, communicated, or transmitted by the method specified in the other law; and
(c) The record must contain the information formatted in the manner specified in the other law.
(3) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(4) The requirements of this section may not be varied by agreement, but:
(a) To the extent a law other than the act requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (1) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(b) A requirement under a law other than the act to send, communicate, or transmit a record by first-class mail, postage prepaid or regular United States mail, may be varied by agreement to the extent permitted by the other law.