Sec. 1-270. Use of electronic records and electronic signatures. Variation by
agreement. (a) Sections 1-266 to 1-286, inclusive, do not require a record or signature
to be created, generated, sent, communicated, received, stored or otherwise processed
or used by electronic means or in electronic form.
(b) Sections 1-266 to 1-286, inclusive, apply only to transactions between parties
each of which has agreed to conduct transactions by electronic means. Whether the
parties agree to conduct a transaction by electronic means is determined from the context
of the transaction and surrounding circumstances, including the parties' conduct.
(c) A party that agrees to conduct a transaction by electronic means may refuse to
conduct other transactions by electronic means. The right granted by this subsection
may not be waived by agreement.
(d) Except as otherwise provided in sections 1-266 to 1-286, inclusive, the effect
of any provision of sections 1-266 to 1-286, inclusive, may be varied by agreement.
The presence in certain provisions of sections 1-266 to 1-286, inclusive, of the words
"unless otherwise agreed", or words of similar import, does not imply that the effect of
other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is
determined by sections 1-266 to 1-286, inclusive, and other applicable law.
(P.A. 02-68, S. 5.)
Sec. 1-271. Construction and application. Sections 1-266 to 1-286, inclusive,
shall be construed and applied:
(1) To facilitate electronic transactions consistent with other applicable law;
(2) To be consistent with reasonable practices concerning electronic transactions
and with the continued expansion of such practices; and
(3) To effectuate their general purpose to make uniform the law with respect to the
subject of sections 1-266 to 1-286, inclusive, among states enacting such law.
(P.A. 02-68, S. 6.)
Sec. 1-272. Legal recognition of electronic records, electronic signatures and
electronic contracts. (a) A record or signature may not be denied legal effect or enforceability solely because the record or signature is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an
electronic record was used in the formation of the contract.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
(P.A. 02-68, S. 7.)
Sec. 1-273. Provision of information in writing. Presentation of records. (a) If
the parties to a transaction have agreed to conduct the 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 the sender's information processing system inhibits the ability of the recipient to print
or store the electronic record.
(b) If a law other than sections 1-266 to 1-286, inclusive, requires a record to (1)
be posted or displayed in a certain manner, (2) be sent, communicated or transmitted
by a specified method, or (3) contain information that is formatted in a certain manner,
the following rules apply:
(A) The record shall be posted or displayed in the manner specified in the other law.
(B) Except as otherwise provided in subdivision (2) of subsection (d) of this section,
the record shall be sent, communicated or transmitted by the method specified in the
other law.
(C) The record shall 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, except that:
(1) To the extent a law other than sections 1-266 to 1-286, inclusive, requires information to be provided, sent or delivered in writing but permits such 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 sections 1-266 to 1-286, inclusive, to send,
communicate or transmit a record by a specified means of delivery may be varied by
agreement to the extent permitted by the other law.
(P.A. 02-68, S. 8.)
Sec. 1-274. Attribution and effect of electronic record and electronic signature. (a) 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.
(b) The effect of an electronic record or electronic signature attributed to a person
under subsection (a) of this section 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.
(P.A. 02-68, S. 9.)
Sec. 1-275. Effect of change or error. If a change or error in an electronic record
occurs in a transmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors
and one party has conformed to the procedure, but the other party has not, and the
nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic
record.
(2) In an automated transaction involving an individual, the individual may avoid
the effect of an electronic record that resulted from an error made by the individual in
dealing with the electronic agent of another person if the electronic agent did not provide
an opportunity for the prevention or correction of the error and, at the time the individual
learns of the error, the individual:
(A) Promptly notifies the other person of the error and that the individual did not
intend to be bound by the electronic record received by the other person;
(B) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person,
to destroy the consideration received, if any, as a result of the erroneous electronic
record; and
(C) Has not used or received any benefit or value from the consideration, if any,
received from the other person.
(3) If neither subdivision (1) nor (2) of this section applies, the change or error shall
have the effect provided by other applicable law, including the law of mistake, and the
parties' contract, if any.
(4) Subdivisions (2) and (3) of this section may not be varied by agreement.
(P.A. 02-68, S. 10.)
Sec. 1-276. Notorization and acknowledgment. If a law requires a signature or
record to be notarized, acknowledged, verified or made under oath, the requirement is
satisfied if the electronic signature of the person authorized to perform such acts, together
with all other information required to be included by other applicable law, is attached
to or logically associated with the signature or record.
(P.A. 02-68, S. 11.)
Sec. 1-277. Retention of electronic records; originals. (a) If a law requires that
a record be retained, the requirement is satisfied by retaining an electronic record of the
information in the record that:
(1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2) Remains accessible for later reference.
(b) A requirement to retain a record in accordance with subsection (a) of this section
does not apply to any information the sole purpose of which is to enable the record to
be sent, communicated or received.
(c) A person may satisfy subsection (a) of this section by using the services of
another person if the requirements of said subsection are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or
provides consequences if the record is not presented or retained in its original form,
such law is satisfied by an electronic record retained in accordance with subsection (a)
of this section.
(e) If a law requires retention of a check, the requirement is satisfied by retention
of an electronic record of the information on the front and back of the check in accordance
with subsection (a) of this section.
(f) A record retained as an electronic record in accordance with subsection (a) of
this section satisfies a law requiring a person to retain a record for evidentiary, audit or
like purposes, unless a law enacted after October 1, 2002, specifically prohibits the use
of an electronic record for the specified purpose.
(g) This section does not preclude a governmental agency in this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction, except as otherwise required by the State Librarian or the Public Records Administrator in accordance with sections 11-8 and 11-8a.
(P.A. 02-68, S. 12.)
Sec. 1-278. Admissibility in evidence. In a proceeding, evidence of a record or
signature may not be excluded solely because such record or signature is in electronic
form.
(P.A. 02-68, S. 13.)
Sec. 1-279. Automated transaction. In an automated transaction, the following
rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties,
even if no individual was aware of or reviewed the electronic agents' actions or the
resulting terms and agreements.
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an
interaction in which the individual performs actions that the individual is free to refuse
to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3) The terms of the contract are determined by the substantive law applicable to
the contract.
(P.A. 02-68, S. 14.)
Sec. 1-280. Time and place of sending and receipt. (a) Unless otherwise agreed
between the sender and the recipient, an electronic record is sent when it:
(1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving
electronic records or information of the type sent and from which the recipient is able
to retrieve the electronic record;
(2) Is in a form capable of being processed by such system; and
(3) Enters an information processing system outside the control of the sender or of
a person that sent the electronic record on behalf of the sender or enters a region of the
information processing system designated or used by the recipient that is under the
control of the recipient.
(b) Unless otherwise agreed between the sender and the recipient, an electronic
record is received when it:
(1) Enters an information processing system that the recipient has designated or
uses for the purpose of receiving electronic records or information of the type sent and
from which the recipient is able to retrieve the electronic record; and
(2) Is in a form capable of being processed by such system.
(c) Subsection (b) of this section applies even if the place where the information
processing system is located is different from the place where the electronic record is
deemed to be received under subsection (d) of this section.
(d) Unless otherwise expressly provided in the electronic record or agreed between
the sender and the recipient, an electronic record is deemed to be sent from the sender's
place of business and to be received at the recipient's place of business. For the purposes
of this subsection, the following rules apply:
(1) If the sender or the recipient has more than one place of business, the place of
business of the sender or the recipient, as the case may be, is the sender's or recipient's
place of business having the closest relationship to the underlying transaction.
(2) If the sender or the recipient does not have a place of business, the place of
business of the sender or the recipient, as the case may be, is the sender's or recipient's
residence.
(e) An electronic record is received under subsection (b) of this section even if no
individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) of this section establishes that an electronic record was
received but, by itself, does not establish that the content sent corresponds to the content
received.
(g) If a person is aware that an electronic record purportedly sent under subsection
(a) of this section, or purportedly received under subsection (b) of this section, was not
actually sent or received, the legal effect of the sending or receipt is determined by other
applicable law. Except to the extent permitted by the other law, the requirements of this
subsection may not be varied by agreement.
(P.A. 02-68, S. 15.)
Sec. 1-281. Transferable records. (a) As used in this section, "transferable record" means an electronic record that:
(1) Would be a note under article 3 of title 42a, or other similar law, or a document
under article 7 of title 42a, or other similar law, if the electronic record were in writing; and
(2) The issuer of the electronic record expressly has agreed is a transferable record.
(b) A person has control of a transferable record if a system employed for evidencing
the transfer of interests in the transferable record reliably establishes such person as the
person to which the transferable record was issued or transferred.
(c) A system satisfies subsection (b) of this section, and a person is deemed to have
control of a transferable record, if the transferable record is created, stored and assigned
in such a manner that:
(1) A single authoritative copy of the transferable record exists that is unique, identifiable and, except as otherwise provided in subdivisions (4), (5) and (6) of this subsection, unalterable;
(2) The authoritative copy identifies the person asserting control as:
(A) The person to which the transferable record was issued; or
(B) If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;
(3) The authoritative copy is communicated to and maintained by the person asserting control or such person's designated custodian;
(4) Copies or revisions that add or change an identified assignee of the authoritative
copy can be made only with the consent of the person asserting control;
(5) Each copy of the authoritative copy, and any copy of a copy, is readily identifiable as a copy that is not the authoritative copy; and
(6) Any revision of the authoritative copy is readily identifiable as authorized or
unauthorized.
(d) Except as otherwise agreed, a person having control of a transferable record is
the holder, as defined in subdivision (20) of section 42a-1-201, or other similar law, of
the transferable record and has the same rights and defenses as a holder of an equivalent
record or writing under the Uniform Commercial Code, or other similar law, including,
if the applicable statutory requirements under subsection (a) of section 42a-3-302 or
section 42a-7-501 or 42a-9-308, or other similar law, are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has
been duly negotiated or a purchaser, respectively. Delivery, possession and endorsement
are not required to obtain or exercise any of the rights under this subsection.
(e) Except as otherwise agreed, an obligor under a transferable record has the same
rights and defenses as an equivalent obligor under equivalent records or writings under
the Uniform Commercial Code, or other similar law.
(f) If requested by a person against which enforcement is sought, the person seeking
to enforce the transferable record shall provide reasonable proof that the person seeking
enforcement is in control of the transferable record. Such proof may include access to
the authoritative copy of the transferable record and related business records sufficient
to review the terms of the transferable record and to establish the identity of the person
having control of the transferable record.
(P.A. 02-68, S. 16.)
Sec. 1-282. Creation and retention of electronic records and conversion of
written records by governmental agencies. Except as otherwise required by the State
Librarian or the Public Records Administrator in accordance with sections 11-8 and 11-8a, each governmental agency in this state shall determine whether, and the extent to
which, it will create and retain electronic records and convert written records to electronic records.
(P.A. 02-68, S. 17.)
Sec. 1-283. Acceptance and distribution of electronic records by governmental agencies. Interoperability. Regulations. (a) Except as otherwise provided in subsection (f) of section 1-277, each governmental agency in this state shall determine
whether, and the extent to which, it will send and accept electronic records and electronic
signatures to and from other persons and otherwise create, generate, communicate, store,
process, use and rely upon electronic records and electronic signatures.
(b) Except as provided in subsection (d) of this section, to the extent that an executive
branch governmental agency of this state uses electronic records and electronic signatures under subsection (a) of this section, the Department of Information Technology,
giving due consideration to the security of such electronic records and electronic signatures, may adopt regulations, in accordance with the provisions of chapter 54, specifying:
(1) The manner and format in which such electronic records shall be created, generated, sent, communicated, received and stored and the systems established for such
purposes;
(2) If such electronic records may be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature shall
be affixed to the electronic record and the identity of, or criteria that shall be met by,
any third party used by a person filing a document to facilitate the electronic signature
and filing process;
(3) Processes and procedures as appropriate to ensure adequate control, preservation, disposition, integrity, security and confidentiality of such electronic records and
adequate ability to audit such electronic records; and
(4) Any other required attributes for such electronic records that are specified for
corresponding nonelectronic records or reasonably necessary under specific circumstances.
(c) Any regulations adopted by the Department of Information Technology pursuant
to subsection (b) of this section may promote consistency and interoperability with any
similar requirements adopted by governmental agencies in this state, of other states and
of the federal government, and by nongovernmental persons, interacting with executive
branch governmental agencies of this state. If appropriate, such regulations may specify
differing levels of standards from which executive branch governmental agencies of
this state may choose in implementing the most appropriate standard for a particular
application.
(d) Any regulations adopted by the Department of Information Technology pursuant to subsection (b) of this section shall not apply to the offices of the State Treasurer,
Comptroller, Secretary of the State and Attorney General. Each of said offices may
adopt regulations, in accordance with the provisions of chapter 54, to carry out the
purposes of subsections (b) and (c) of this section with regard to said office.
(e) Except as otherwise provided in subsection (f) of section 1-277, sections 1-266
to 1-286, inclusive, do not require a governmental agency in this state to use or permit
the use of electronic records or electronic signatures.
(f) This section is subject to any requirements established by the State Librarian or
the Public Records Administrator in accordance with sections 11-8 and 11-8a.
(P.A. 02-68, S. 18.)
Sec. 1-284. Electronic record presumed not sent to or received by a consumer.
(a) As used in this section, "consumer" means (1) an individual who obtains, through a
transaction, products or services that are used primarily for personal, family or household
purposes, and (2) the legal representative of such an individual.
(b) For the purposes of sections 1-266 to 1-286, inclusive, it is presumed that an
electronic record is not sent to or received by a consumer if the sender of the electronic
record is aware that the consumer (1) did not receive the electronic record, or (2) did
not receive the electronic record in a manner allowing the record to be opened and read
by the consumer. The provisions of this section may not be varied by agreement.
(P.A. 02-68, S. 19.)
Sec. 1-285. Severability clause. If any provision of sections 1-266 to 1-286, inclusive, or its application to any person or circumstance is held invalid or inconsistent with
the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq.,
as from time to time amended, such invalidity or inconsistency does not affect other
provisions or applications of sections 1-266 to 1-286, inclusive, which can be given
effect without the invalid or inconsistent provision or application, and to this end the
provisions of sections 1-266 to 1-286, inclusive, are severable.
(P.A. 02-68, S. 20.)
Sec. 1-286. Operation of Connecticut Uniform Electronic Transactions Act
with respect to federal act. The provisions of sections 1-266 to 1-286, inclusive, governing the legal effect, validity or enforceability of electronic records or signatures, and
of contracts formed or performed with the use of such records or signatures, conform
to the requirements of the Electronic Signatures in Global and National Commerce Act,
15 USC 7002, and supersede, modify and limit said federal act as provided in 15 USC
7002, except that sections 1-266 to 1-286, inclusive, shall not supersede, modify or limit
the provisions of 15 USC 7001(c).
(P.A. 02-68, S. 21.)