(A) An electronic record or electronic signature is attributable to a person if it is the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of a 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 pursuant to subsection (A) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and as otherwise provided by law.
HISTORY: 2004 Act No. 279, Section 1.
Structure 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 26-6-40. 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 26-6-110. 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 26-6-170. Creation and retention of electronic records by government agencies.
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.