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Part 5, Section 4
Electronic
Signatures
The California
Uniform Electronic Translations Act (UETA) states that electronic
documents and
signatures shall be recognized as just as valid and legal
as paper documents and ink signatures.
However, for an electronic
document to be used, all parties must consent to the electronic
document
itself as well as to the electronic transmission of that document.
It is important to
understand the terms commonly used in this technology:
Electronic
Record – any contract or
communication that is transmitted or stored in e-mail, exists
on the
internet, or is stored on a computer disk.
Electronic
Signature – can be an
actual signature that is scanned and digitized, it can be signed
on a
digitized pad, or it can be just a matter of pushing a button on a
computer validating consent.
Digital
Signature – a signature that
has been encrypted into a code that can only be deciphered by
a computer
user with a specific “key” to unlock the code
Electronic
documents and signatures are created by computer and transmitted
using a “key” that
translates the signature into a type of computer
language
(encryption) that is in a code that cannot
be deciphered by anyone who
might
intercept that document as it is being transmitted over the
internet.
The receiver
of the document also has a “key” that translates the document back into
its
normal format so that it can be read. If the document is somehow
intercepted over the internet, it
is basically destroyed and unusable.
Pursuant to Government Code §16.5, the encryption key must have the following
attributes:
· It is unique to the person using it.
· It is capable of verification.
· It is under the sole control of the person using it.
· It is linked to data in such a manner that if the data are changed, the
digital signature is invalidated.
Encryption keys can be purchased from certain software companies and cost
about $100 per year to use.
Many times, the
notarization of electronic documents is absolutely necessary.
Since the document
signer and the document receiver are not in the same
place, a notarization can validate the identity
of the signer as well as
the fact that the document was electronically signed by the signer.
For the notary,
many of the same rules apply as with a paper document. The
signer must appear
before you, you must positively identify them, they
must
electronically sign the document in your
presence or acknowledge having
signed, a journal entry must be made and a thumbprint taken, if
necessary. An electronic notarization is completed by typing the
necessary information directly onto
the notarial certificate on the
computer, sign the certificate by whatever means are being used, and
below your signature you would type your name and the words “Notary
Public”, the county in which
your oath and bond are on file, your
commission number, and the identification number of the vendor
who made
your seal (this is located on your seal).
Government Code §27391(e)
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