(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this section is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties’ agreement, if any, and otherwise as provided by law.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
D.C. Law 15-105 validated previously made technical corrections.
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Uniform Law: This section is based upon § 9 of the Uniform Electronic Transactions Act (1999 Act).
Structure District of Columbia Code
Title 28 - Commercial Instruments and Transactions. [Enacted title]
Chapter 49 - Uniform Electronic Transactions
§ 28–4903. Prospective application
§ 28–4904. Use of electronic records and electronic signatures; variation by agreement
§ 28–4905. Construction and application
§ 28–4906. Legal recognition of electronic records, electronic signatures, and electronic contracts
§ 28–4907. Provision of information in writing; presentation of records
§ 28–4908. Attribution and effect of electronic record and electronic signature
§ 28–4909. Effect of change or error
§ 28–4910. Notarization and acknowledgment
§ 28–4911. Retention of electronic records; originals
§ 28–4912. Admissibility in evidence
§ 28–4913. Automated transaction
§ 28–4914. Time and place of sending and receipt
§ 28–4915. Transferable records
§ 28–4917. Acceptance and distribution of electronic records by governmental agencies