28-50-108. PROVISION OF INFORMATION IN WRITING — PRESENTATION OF RECORDS. (a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than this chapter requires a record: (i) to be posted or displayed in a certain manner; (ii) to be sent, communicated, or transmitted by a specified method; or (iii) to contain information that is formatted in a certain manner, the following rules apply:
(1) The record must be posted or displayed in the manner specified in the other law.
(2) Except as otherwise provided in subsection (d)(2) of this section, the record must be sent, communicated or transmitted by the method specified in the other law.
(3) The record must contain the information formatted in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d) The requirements of this section may not be varied by agreement, but:
(1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2) A requirement under a law other than this chapter to send, communicate or transmit a record by regular United States mail, may be varied by agreement to the extent permitted by the other law.
History:
[28-50-108, added 2000, ch. 286, sec. 1, p. 963.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT
Section 28-50-101 - SHORT TITLE.
Section 28-50-102 - DEFINITIONS.
Section 28-50-104 - PROSPECTIVE APPLICATION.
Section 28-50-105 - USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES — VARIATION BY AGREEMENT.
Section 28-50-106 - CONSTRUCTION AND APPLICATION.
Section 28-50-108 - PROVISION OF INFORMATION IN WRITING — PRESENTATION OF RECORDS.
Section 28-50-109 - ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC SIGNATURE.
Section 28-50-110 - EFFECT OF CHANGE OR ERROR.
Section 28-50-111 - NOTARIZATION AND ACKNOWLEDGMENT.
Section 28-50-112 - RETENTION OF ELECTRONIC RECORDS — ORIGINALS.
Section 28-50-113 - ADMISSIBILITY IN EVIDENCE.
Section 28-50-114 - AUTOMATED TRANSACTION.
Section 28-50-115 - TIME AND PLACE OF SENDING AND RECEIPT.
Section 28-50-116 - TRANSFERABLE RECORD.
Section 28-50-118 - ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES.