South Carolina Code of Laws
Chapter 6 - Uniform Electronic Transactions Act
Section 26-6-20. Definitions.

As used in this chapter:
(1) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures giving the effect of agreements under law otherwise applicable to a particular transaction.
(2) "Automated transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of any of the parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.
(3) "Computer program" means a set of statements or instructions used directly or indirectly in an information processing system to bring about a certain result.
(4) "Contract" means the total legal obligation resulting from the agreement of the parties as affected by this chapter and other applicable law.
(5) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(6) "Electronic agent" means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.
(7) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.
(8) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(9) "Governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.
(10) "Individual" means a single natural person; one human being.
(11) "Information" means data, text, images, sounds, codes, computer programs, software, databases, or other forms for the communication or reception of knowledge.
(12) "Information processing system" means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.
(13) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or other legal or commercial entity.
(14) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(15) "Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.
(16) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.
(17) "Transaction" means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.
(18) "United States Postal Service Electronic Postmark" means an electronic service provided by the United States Postal Service that provides evidentiary proof that an electronic document existed in a certain form at a certain time and the electronic document was opened or the contents of the electronic document were displayed at a time and date documented by the United States Post Office.
HISTORY: 2004 Act No. 279, Section 1.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 26 - Notaries Public and Acknowledgements

Chapter 6 - Uniform Electronic Transactions Act

Section 26-6-10. Short title; purpose.

Section 26-6-20. Definitions.

Section 26-6-30. Applicability to electronic records and electronic signatures relating to transaction; exceptions.

Section 26-6-40. Prospective application of chapter.

Section 26-6-50. Agreement of parties to conduct transactions by electronic means.

Section 26-6-60. Construction and application.

Section 26-6-70. Legality of electronic contracts, records, and signatures.

Section 26-6-80. Satisfying requirement that information be in writing; complying with manner of transmission and format requirements; exceptions.

Section 26-6-90. Showing that electronic record or signature is attributable to a person; effect of electronic record or signature.

Section 26-6-100. Change or error in transmission of electronic record; circumstances under which effect may be avoided; applicability of other law.

Section 26-6-110. Satisfying requirement that signature or record be notarized.

Section 26-6-120. Satisfying law requiring a record to be maintained; checks.

Section 26-6-130. Admissibility as evidence.

Section 26-6-140. Automated transactions; formation of contract.

Section 26-6-150. When electronic record sent and received.

Section 26-6-160. Establishing person as having control of transferable record; rights and defenses; proof of control.

Section 26-6-170. Creation and retention of electronic records by government agencies.

Section 26-6-180. Government agencies sending and accepting electronic records and signatures; format.

Section 26-6-190. Development of standards and procedures; service of process.

Section 26-6-195. Service of process to e-mail address by government agency.

Section 26-6-210. Applicability of Computer Crime Act.