Describe about the Uniform Electronic Transactions Act?
The Uniform Law Commissioners enacted The Uniform Electronic Transactions Act (UETA) in 1999, for providing assistance in the preparation of the state laws during the period of electronic commerce. In regards to many electronic transactions, some states had already adopted laws and UETA is the “first national effort at providing some uniform rules to govern transactions in e-commerce that should serve in every state.” About the Uniform Commercial Code, the first national effort has been primarily represented by UETA. Except Articles 2 and 2A, the UETA rules cannot be subjected to any other article of the Uniform Commercial Code and are mainly for “electronic records and electronic signatures relating to a transaction.” The word ‘transaction’ in brief gives an example of buying or selling something that involves an exchange or interaction between people. The required notices, disclosures or communications as per the requirement of the courts and the government agencies are not included in the given definition, and hence, this definition excludes many meanings.
On June 30, 2000, President Clinton signed The Electronic Signatures in Global and National Commerce Act into law. With several other states pending the given act, only nineteen states enacted the UETA at that time. As this Act overlaps significantly with UETA, it has been mentioned by the given context. The signatures can neither be enforced for being electronic nor can be denied for legal effect as each of the statutes has provided electronic contracts. Transactions secured by real property have been provided with electronic paper negotiable notes by E-sign. Under the Articles 3 and 7 of the UCC, UETA applies to all documents including the promissory notes, which emphasizes on the broader scope of the UETA and thus the significance of using electronic records and signatures in the field of commerce have been thoroughly justified.
UETA is applied depending upon the agreement of the party for conducting the transactions electronically. However, the electronic transactions are not mandatory, but an agreement is essential while performing such operations. Regarding the different agreement, the given transactions may differ, retain or refuse some of the provisions provided by the UETA. Even if it is agreed to transact the business by electronic means, some of the different provisions of UETA may differ, waive or disclaim by this transaction regarding the agreement. In the case of the terms of an agreement associated with a given event, the default rules in UETA are applicable under such circumstances.
The primary intention of electronic commerce is to associate business by using a computer or telephone. Keeping aside the limitation, boundaries, and developments, the Internet is serving as one of the biggest places regarding the electronic market transaction and has developed operations with the establishment of its activity to help any other electronic marketplace, which might have the ability or possibility to develop in the future.
With the reasonable certainty in 1999, which continues to be reasonably sure in the future, there are only certain assumptions of the law, which governs transactions, and regarding the obtainable electronic marketplace, microscopic information has been gained. Electronic transactions help in the conduction of electronic transactions conducts communication of digitized information from one person to another. The fundamental speech of electronic communication is fully and permanently paperless since the digitized information can be easily communicated and stored without the use of paper. By the fact, relying on paper for memorization of transactions and upon manual signatures to verify them hinders the use of such operations, owing to the cost. There is no actual benefit to any party in connection with an electronic deal with few exceptions, which needs to have accurate documentation with physical signature. One fascination that is rationally sure with admiration to electronic dealings is associated with increasing the supplies for writings and personal name in law. Electric minutes and signature can only suit such necessities.
The principal purpose of UETA is to ensure that dealings in the electronic marketplace are as enforceable as dealings memorialized on paper and with physical signatures, without altering any of the substantive rules of law that relate and thereby UETA do not effort to create a whole new system of official rules for the electronic marketplace. This is an incomplete object that serves the particular purpose—that an electronic record of a contract is the corresponding of a paper confirmation, and that an electronic signature will be given the identical legal effect, whatever that might be, as a physical signature.
The key policy of UETA are mentioned in Section 7 of UETA and the most fundamental rule under Section 7 states that that an “evidence or name may not be without legal consequence or enforceability solely because it is in electronic form.” The second key rule states, “A contract may not be starved of legal effect or enforceability exclusively because electronic evidence was used in its configuration.” The third primary rule states that an electronic record will satisfy any law that requires writing, and finally the fourth basic rule provides that any signature obligation in the law will be met if there is an electronic signature.
The fundamental principles of Section 7 have been served by all the other rules in UETA, which tends to respond basic constitutional questions about the use of electronic proceedings and signature. Thus, Section 15 of UETA plays vital role informative information, which is legally sent or delivered in electronic form. It establishes when an electronic proof capable of retention by the recipient is legally sent and received, during which the electronic delivery occurs. The customary and constitutional policy cannot be applied to electronic transactions that rule mail delivery of the paper memorializing a business. Under such circumstances, UETA provides the devised precise control.
The state of attribution in Section 9 is a different state, which supports the general soundness of electronic minutes and signatures in dealings. Electronic transactions are mostly faceless transactions between strangers. UETA states that a signature is attributable to a person if it is an act of an individual, which can be shown in any manner and case if a sanctuary process is used, its efficacy in establishing the attribution may be shown. The obvious difficulties of identification and attribution need to be conquered in the faceless surroundings of electronic transactions, and Section 9 gives guidance in that endeavor. In regards to electronic commerce, much has been written about digital signatures, which is a method of encryption that utilizes particular technology in e-commerce. Such techniques are highly helpful and useful in the faceless surroundings of the electronic marketplace, chiefly the Internet.
The legal influences for these technologies are not entirely certain until now and for this reason, UETA may not be characterized as a digital signature statute. It does ease the employ of digital signature and other security events in rules mentioned in Section 9 on attribution. In case if there is an argument over the satisfied of the message, the rules on errors and changes in words specified under section 10 favors the meeting who conforms to the safety procedure used in the particular business against the gathering who does not. UETA is technically neutral and hence nothing in UETA requires the use of digital cross or any other type of safety procedure. Thereby, an entity can also use the most up-to-date digital signature skill or the less various security events such as passwords or pin statistics. In the case of any argument these dealings can be used for ascription or assure message truthfulness as confirmation.
The UETA being non-substantive and technical do not forbid the use of paper minutes and physical signatures and thereby states that it is not necessary for everyone to use electronic dealings or to rely on electronic records and signatures. The general and legal law of contracts, categorize under the basic rules of law continue to apply as they have always been practical.
There are three supplies in UETA, which require special concentration because these necessities are not straight in support of the fundamental rules in Section 7. First, contact subjected to the Uniform Commercial Code has been excluded by the UETA except those mentioned under Articles 2 and 2A. For example, the Uniform Computer Information Transactions Act, laws leading estates and trust, and any other strict laws that a state wants to excuse from the rules functional in UETA. Some writing and signature necessities in state commandment do not affect the enforceability of dealings and have objectives, which will not be pretentious by the implementation of a decree like UETA. The command of UETA to the resolute electronic business will eradicate any disagreement rising with other writing supplies. However, to assure no conflict, there is some room for jurisdiction-specific tailoring of UETA that has been permitted in each state with exclusions carefully and conservatively selected. If electronic records and signatures are recognized, most of the law relating to contracts and transactions between persons will serve the public better.
In section 16, the UETA provide for “transportable proceedings”. When in electronic form, comments and papers on Article 3 and 7 of the Uniform Commercial Code are “transferable records”. Both explanation and diploma are considered as negotiable instruments. As the single, unique token of the duty and rights embodied in the note or text, the cooperation excellence relies chiefly on the text or note. Maintaining such quality serves as a unique token for electronic records under the subject of Section 16. The existence of a transferable record occurs depending upon the continuation of single exact copy, which is unalterable in the “control” of a person. To serve the purposes of transferring the record under the consistently good code, a person in “control” is considered as a “holder.” Section 16 supplements to the Uniform Commercial Code until the articles are thoroughly revised or amended for accommodating electronic instruments.
The contract associated with electronic agents is validated by the UETA. Electronic agents refer to computer programs related to doing business in electronic form. These electronic agents operate mechanically, without instant human management, though the electronic agents are not self-directed agents, these work automatically with any immediate human control and are a kind of tool, which are used to converse. Section 14 allows a person to form a contract by utilizing an electronic agent, which states that the individual or entity, provide the program to do commerce, is bound by the agent’s contract.
Even though a computer that solicits payment in sequence and orders automatically conducts the transaction, the validity of the agreement will be assured when a person buys something on the internet. The electronic records dealt created and retained by the state government is dealt by three sections of UETA. Description of one agency or officer as the authority on creation and retention of official records is chiefly allowed by Section 17. Chapter 18 helps in designating a civilization or officer for regulating the communication of electronic documents and use of electronic signatures between individuals and agencies. To designate an agency or officer for the setting of standards to promote consistency and interoperability among state agencies have been primarily looking after by Section 19. The mentioned sections are not mandatory for all states in implementing uniformity and are optional for the states, which needs them. In the context of organizing electronic business of a country, these are critical provisions and should be given far-reaching consideration in every state.
Thus, the present summary highlights some of the important aspects of the UETA and provides knowledge regarding the benefits of adopting these rules for improving and increasing the business of electronic commerce
Admin (2011, June 23). UETA-Uniform Electronic Transactions Act. Retrieved from https://electronicsignature.com/ueta-uniform-electronic-transactions-act/
Brumfield Fry, P. (2015). Why Enact UETA? The Role of UETA After E-Sign. Retrieved from https://www.uniformlaws.org/Shared/Docs/Why.aspx/
ESIGN Act & UETA/Docusign (2015). ESIGN Act & UETA Retrieved from https://www.docusign.com/esign-act-and-ueta/
The National Conference of Commission on UniformState Laws (2015). Electronic Transactions Act Summary. Retrieved from https://www.uniformlaws.org/ActSummary.aspx/
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