(a) Where a rule of law requires a signature, or provides for certain consequences in the absence of a signature, that rule is satisfied by a digital signature, if:

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Terms Used In Minnesota Statutes 325K.19

  • Certificate: means a computer-based record that:

    (1) identifies the certification authority issuing it;

    (2) names or identifies its subscriber;

    (3) contains the subscriber's public key; and

    (4) is digitally signed by the certification authority issuing it. See Minnesota Statutes 325K.01

  • Certification authority: means a person who issues a certificate. See Minnesota Statutes 325K.01
  • Message: means a digital representation of information. See Minnesota Statutes 325K.01
  • Private key: means the key of a key pair used to create a digital signature. See Minnesota Statutes 325K.01
  • Public key: means the key of a key pair used to verify a digital signature. See Minnesota Statutes 325K.01
  • Recipient: means a person who has received a certificate and a digital signature verifiable with reference to a public key listed in the certificate and is in a position to rely on it. See Minnesota Statutes 325K.01
  • Subscriber: means a person who:

    (1) is the subject listed in a certificate;

    (2) accepts the certificate; and

    (3) holds a private key that corresponds to a public key listed in that certificate. See Minnesota Statutes 325K.01

  • verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

(1)(i) the digital signature is that of a public or local official as defined in section 10A.01, subdivisions 22 and 35, on government records described in section 15.17; or

(ii) no party affected by a digital signature objects to the use of digital signatures in lieu of a signature, and the objection may be evidenced by refusal to provide or accept a digital signature;

(2) that digital signature is verified by reference to the public key listed in a valid certificate issued by a licensed certification authority;

(3) that digital signature was affixed by the signer with the intention of signing the message and after the signer has had an opportunity to review items being signed; and

(4) the recipient has no knowledge or notice that the signer either:

(i) breached a duty as a subscriber; or

(ii) does not rightfully hold the private key used to affix the digital signature.

(b) However, nothing in this chapter precludes a mark from being valid as a signature under other applicable law.