Page:United States Statutes at Large Volume 114 Part 1.djvu/500

 114 STAT. 464 PUBLIC LAW 106-229-JUNE 30, 2000 June 30, 2000 [S. 761] Electronic Signatures in Global and National Commerce Act. Contracts. 15 USC 7001 note. Public Law 106-229 106th Congress An Act To facilitate the use of electronic records and signatures in interstate or foreign commerce. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Electronic Signatures in Global and National Commerce Act". TITLE I—ELECTRONIC RECORDS AND SIGNATURES IN COMMERCE 15 USC 7001. SEC. 101. GENERAL RULE OF VALIDITY. (a) IN GENERAL. —Notwithstanding any statute, regulation, or other rule of law (other than this title and title 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.—T his title 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

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