Sec. 106. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

     (b) A contract may not be denied legal effect or enforceability solely because an electronic record or electronic signature was used in its formation.

Terms Used In Indiana Code 26-2-8-106

  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Indiana Code 26-2-8-102
  • Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Indiana Code 26-2-8-102
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. See Indiana Code 26-2-8-102
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • 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. See Indiana Code 26-2-8-102
     (c) If a law requires a record to be in writing, or provides consequences if it is not, an electronic record satisfies the law.

     (d) If a law requires a signature, or provides consequences in the absence of a signature, the law is satisfied with respect to an electronic record if the electronic record includes an electronic signature.

As added by P.L.62-2000, SEC.1. Amended by P.L.110-2008, SEC.12.