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15 U.S.C. § 7031 — Principles governing the use of electronic signatures in international transactions

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 7031 — Principles governing the use of electronic signatures in international transactions

**(a) Promotion of electronic signatures** (1) **Required actions** — The Secretary of Commerce shall promote the acceptance and use, on an international basis, of electronic signatures in accordance with the principles specified in paragraph (2) and in a manner consistent with [section 7001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7001&num=0&edition=prelim). The Secretary of Commerce shall take all actions necessary in a manner consistent with such principles to eliminate or reduce, to the maximum extent possible, the impediments to commerce in electronic signatures, for the purpose of facilitating the development of interstate and foreign commerce. (2) **Principles** — The principles specified in this paragraph are the following: (A) Remove paper-based obstacles to electronic transactions by adopting relevant principles from the Model Law on Electronic Commerce adopted in 1996 by the United Nations Commission on International Trade Law. (B) Permit parties to a transaction to determine the appropriate authentication technologies and implementation models for their transactions, with assurance that those technologies and implementation models will be recognized and enforced. (C) Permit parties to a transaction to have the opportunity to prove in court or other proceedings that their authentication approaches and their transactions are valid. (D) Take a nondiscriminatory approach to electronic signatures and authentication methods from other jurisdictions. **(b) Consultation** In conducting the activities required by this section, the Secretary shall consult with users and providers of electronic signature products and services and other interested persons. **(c) Definitions** As used in this section, the

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Source file: Laws/federal/codes/united-states-code/title-15/section-7031-principles-governing-the-use-of-electronic-signatures-in-international-t--461eba81cb.md
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Source location: Title 15, Chapter 96, § 7031; chapter-096-electronic-signatures-in-global-and-national-commerce.md

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 7006 — Definitions

For purposes of this subchapter: (1) **Consumer** — The term “consumer” means an individual who obtains, through a transaction, products or services which are used primarily for personal, family, or household purposes, and also means the legal representative of such an individual. (2) **Electronic** — The term “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (3) **Electronic agent** — The term “electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part without review or action by an individual at the time of the action or response. (4) **Electronic record** — The term “electronic record” means a contract or other record created, generated, sent, communicated, received, or stored by electronic means. (5) **Electronic signature** — The term “electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record. (6) **Federal regulatory agency** — The term “Federal regulatory agency” means an agency, as that term is defined in [section 552(f) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/f&num=0&edition=prelim). (7) **Information** — The term “information” means data, text, images, sounds, codes, computer programs, software, databases, or the like. (8) **Person** — The term “person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any o

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 7001 — General rule of validity

**(a) In general** Notwithstanding any statute, regulation, or other rule of law (other than this subchapter and subchapter II), with respect to any transaction in or affecting interstate or foreign commerce— (1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and (2) a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. **(b) Preservation of rights and obligations** This subchapter does not— (1) limit, alter, or otherwise affect any requirement imposed by a statute, regulation, or rule of law relating to the rights and obligations of persons under such statute, regulation, or rule of law other than a requirement that contracts or other records be written, signed, or in nonelectronic form; or (2) require any person to agree to use or accept electronic records or electronic signatures, other than a governmental agency with respect to a record other than a contract to which it is a party. **(c) Consumer disclosures** (1) **Consent to electronic records** — Notwithstanding subsection (a), if a statute, regulation, or other rule of law requires that information relating to a transaction or transactions in or affecting interstate or foreign commerce be provided or made available to a consumer in writing, the use of an electronic record to provide or make available (whichever is required) such information satisfies the requirement that such information be in writing if— (A) the consumer has affirmatively consented to such use and has not withdrawn such consent; (B) the consumer, prior to consenting, is provided wi

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 7031 — Principles governing the use of electronic

Page 2310 TITLE 15—COMMERCE AND TRADE § 7031 A transferable record may be executed using an electronic signature. (2) Other definitions The terms ‘‘electronic record’’, ‘‘electronic signature’’, and ‘‘person’’ have the same mean- ings provided in section 7006 of this title. (b) Control A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably es- tablishes that person as the person to which the transferable record was issued or transferred. (c) Conditions A system satisfies subsection (b), and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that— (1) a single authoritative copy of the trans- ferable record exists which is unique, identifi- able, and, except as otherwise provided in paragraphs (4), (5), and (6), unalterable; (2) the authoritative copy identifies the per- son asserting control as— (A) the person to which the transferable record was issued; or (B) if the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred; (3) the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian; (4) copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the per- son asserting control; (5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and (6) any revision of the authoritative copy is readily identifiable as authorized or unauthor- ized. (d) Status as holder Except as othe

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