North Carolina General Statutes 66-58.5. Validity of electronic signatures
(a) An electronic signature contained in a transaction undertaken pursuant to this Article between a person and a public agency, or between public agencies, shall have the same force and effect as a manual signature provided all of the following requirements are met:
(1) The public agency involved in the transaction requests or requires the use of electronic signatures.
Terms Used In North Carolina General Statutes 66-58.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
(2) The electronic signature contained in the transaction embodies all of the following attributes:
a. It is unique to the person using it;
b. It is capable of certification;
c. It is under sole control of the person using it;
d. It is linked to data in such a manner that if the data are changed, the electronic signature is invalidated; and
e. It conforms to rules adopted by the Secretary pursuant to this Article.
(b) A transaction undertaken pursuant to this Article between a person and a public agency, or between public agencies, is not unenforceable, nor is it inadmissible into evidence, on the sole ground that the transaction is evidenced by an electronic record or that it has been signed with an electronic signature.
(c) This Article does not affect the validity of, presumptions relating to, or burdens of proof regarding an electronic signature that is accepted pursuant to Article 40 of this Chapter or other law. (1998-127, s. 1; 2003-233, s. 2.)