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Some characteristics: NC Electronic Commerce Act, The North Carolina
Uniform Electronic Transactions Act and the Electronic
Signatures in Global and National Commerce Act (Federal)
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Proper name
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North Carolina Electronic Commerce Act
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Uniform Electronic Transactions Act
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Electronic Signatures in Global and National Commerce Act
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AKA
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“NC E-Commerce Act”
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“NCUETA”
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“E-Sign”
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Effective Date
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1998
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2000
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2000
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Designed to
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“…facilitate electronic commerce with public agencies and regulate the application
of electronic signatures when used in commerce with public agencies.”
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“1) Facilitate electronic transactions consistent with other applicable law; 2)To
be consistent with reasonable practices concerning electronic transactions and with
the continued expansion of those practices; and
(3) To effectuate its general purpose to make uniform the law with respect
to the subject of this act among states enacting it.”
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“…facilitate the use of electronic records and signatures in interstate or foreign
commerce.”
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Makes electronic signature “equivalent” to paper signature
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Yes
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Yes
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Yes
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Specifically addresses electronic records
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No
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Yes. Allows full range of electronic signature / record solutions; no reference
to signature performance criteria
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Yes. Allows electronic signatures and records; gives them status equivalent to traditional
/ paper records; may preempt certain state laws; no reference to performance criteria
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Requires electronic signature performance traits that increase trust worthiness
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Yes
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No
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No
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Requires an electronic signature to have these characteristics:
a) Be unique to user; b) Be capable of certification;
c) Under sole control of owner;
d) Be linked to data so that changes to the data invalidate the signature;
e) Conform to rules published by NC Secretary of State
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Yes
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No
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No
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Is technology specific
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No
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No
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No
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Affects private sector signature / records
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Only with respect to transactions with public agencies.
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Yes
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Yes
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Affects public sector signature / records
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Yes
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Yes
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Yes (a state is treated as a market participant and governs its own behavior)
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Excludes / carves out certain transactions
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Yes
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Yes
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Yes
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Allows parties to agree upon virtually any meaning of “electronic signature”
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No
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Yes
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Yes
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Allows only implementations assuring high confidence in document authenticity, document
integrity and signer non-repudiation
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Yes
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No
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No
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