(1) Except as otherwise provided in subsection (2) of this section, the Uniform Electronic Transactions Act applies to electronic records and electronic signatures relating to a transaction.

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Terms Used In Nebraska Statutes 86-630

  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Nebraska Statutes 86-618
  • Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Nebraska Statutes 86-620
  • 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. See Nebraska Statutes 86-621
  • Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See Nebraska Statutes 86-629
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC

(2) The act does not apply to a transaction to the extent it is governed by:

(a) A law governing the creation and execution of wills, codicils, or testamentary trusts; or

(b) The Uniform Commercial Code other than article 2 and article 2A.

(3) The act applies to an electronic record or electronic signature otherwise excluded from the application of the act under subsection (2) of this section to the extent it is governed by a law other than those specified in subsection (2) of this section.

(4) A transaction subject to the act is also subject to other applicable substantive law.