(a) In any proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
(b) In determining the evidentiary weight to be given a particular electronic signature, the trier of fact shall consider whether the electronic signature is: (i) unique to the signer, (ii) capable of verification, (iii) under the signer's sole control, (iv) linked to the record in such a manner that it can be determined if any data contained in the record was changed subsequent to the electronic signature being affixed to the record, and (v) created by a method appropriately reliable for the purpose for which the electronic signature was used. The trier of fact may consider any other relevant and probative evidence affecting the authenticity and/or validity of the electronic signature.
2000, c. 995.
Structure Code of Virginia
Title 59.1 - Trade and Commerce
Chapter 42.1 - Uniform Electronic Transactions Act
§ 59.1-482. Prospective application
§ 59.1-483. Use of electronic records and electronic signatures; variation by agreement
§ 59.1-484. Construction and application
§ 59.1-485. Legal recognition of electronic records, electronic signatures, and electronic contracts
§ 59.1-486. Provision of information in writing; presentation of records
§ 59.1-487. Attribution and effect of electronic record and electronic signature
§ 59.1-488. Effect of change or error
§ 59.1-489. Notarization and acknowledgment
§ 59.1-490. Retention of electronic record
§ 59.1-491. Admissibility of evidence
§ 59.1-492. Automated transactions
§ 59.1-493. Time and place of sending and receipt