(a) Where a rule of law requires a signature, or provides for certain consequences in the absence of a signature, that rule is satisfied by a digital signature, if:
(1)(i) the digital signature is that of a public or local official as defined in section 10A.01, subdivisions 22 and 35, on government records described in section 15.17; or
(ii) no party affected by a digital signature objects to the use of digital signatures in lieu of a signature, and the objection may be evidenced by refusal to provide or accept a digital signature;
(2) that digital signature is verified by reference to the public key listed in a valid certificate issued by a licensed certification authority;
(3) that digital signature was affixed by the signer with the intention of signing the message and after the signer has had an opportunity to review items being signed; and
(4) the recipient has no knowledge or notice that the signer either:
(i) breached a duty as a subscriber; or
(ii) does not rightfully hold the private key used to affix the digital signature.
(b) However, nothing in this chapter precludes a mark from being valid as a signature under other applicable law.
1997 c 178 s 20; 2000 c 395 s 20
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325K — Electronic Authentication
Section 325K.001 — Short Title.
Section 325K.01 — Definitions.
Section 325K.02 — Purposes And Construction.
Section 325K.03 — Role Of The Secretary.
Section 325K.05 — Licensure And Qualifications Of Certification Authorities.
Section 325K.06 — Performance Audits.
Section 325K.07 — Enforcement Of Requirements For Licensed Certification Authorities.
Section 325K.08 — Dangerous Activities By Certification Authority Prohibited.
Section 325K.09 — General Requirements For Certification Authorities.
Section 325K.10 — Issuance Of Certificate.
Section 325K.11 — Warranties And Obligations Upon Issuance Of Certificate.
Section 325K.12 — Representations And Duties Upon Accepting Certificate.
Section 325K.13 — Control Of Private Key.
Section 325K.14 — Suspension Of Certificate.
Section 325K.15 — Certificate Revocation.
Section 325K.16 — Certificate Expiration.
Section 325K.17 — Recommended Reliance Limits.
Section 325K.18 — Collection Based On Suitable Guaranty.
Section 325K.19 — Satisfaction Of Signature Requirements.
Section 325K.20 — Unreliable Digital Signatures.
Section 325K.21 — Digitally Signed Document Is Written.
Section 325K.22 — Digitally Signed Originals.
Section 325K.23 — Acknowledgments.
Section 325K.24 — Presumptions In Adjudicating Disputes; Liability Allocation.