Some characteristics: NC Electronic Commerce Act, The North Carolina Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Commerce Act (Federal)

 

Proper name North Carolina Electronic Commerce Act Uniform Electronic Transactions Act Electronic Signatures in Global and National Commerce Act
AKA “NC E-Commerce Act” “NCUETA” “E-Sign”
Effective Date 1998 2000 2000
Designed to  “…facilitate electronic commerce with public agencies and regulate the application of electronic signatures when used in commerce with public agencies.” “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.” “…facilitate the use of electronic records and signatures in interstate or foreign commerce.”
Makes electronic signature “equivalent” to paper signature Yes Yes Yes
Specifically addresses electronic records No Yes. Allows full range of electronic signature / record solutions; no reference to signature performance criteria Yes. Allows electronic signatures and records; gives them status equivalent to traditional / paper records; may preempt certain state laws; no reference to performance criteria
Requires electronic signature performance traits that increase trust worthiness Yes No No
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 Yes No No
Is technology specific No No No
Affects private sector signature / records Only with respect to transactions with public agencies. Yes Yes
Affects public sector signature / records Yes Yes Yes (a state is treated as a market participant and governs its own behavior)
Excludes / carves out certain transactions Yes Yes Yes
Allows parties to agree upon virtually any meaning of “electronic signature” No Yes Yes
Allows only implementations assuring high confidence in document authenticity, document integrity and signer non-repudiation Yes No No