30-18-108. Attribution and effect of electronic record and electronic signature. (1) 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.
(2) The effect of an electronic record or electronic signature attributed to a person under subsection (1) 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.
History: En. Sec. 8, Ch. 52, L. 2001.
Structure Montana Code Annotated
Chapter 18. Electronic Transactions
Part 1. Uniform Electronic Transactions Act
30-18-104. Use of electronic records and electronic signatures -- variation by agreement
30-18-105. Construction and application
30-18-106. Legal recognition of electronic records, electronic signatures, and electronic contracts
30-18-107. Provision of information in writing -- presentation of records
30-18-108. Attribution and effect of electronic record and electronic signature
30-18-109. Effect of change or error
30-18-110. Notarization and acknowledgment
30-18-111. Retention of electronic records -- originals
30-18-112. Admissibility in evidence
30-18-113. Automated transaction
30-18-114. Time and place of sending and receipt
30-18-115. Transferable records
30-18-117. Acceptance and distribution of electronic records by governmental agencies