(a)        A remote electronic notary shall comply with all of the following security requirements:

(1)        All records of journal entries and communication technology recordings shall be securely stored in a repository under the control of the remote electronic notary or with a steward duly appointed under the terms of this Part. If a steward is appointed, the steward shall be a third-party vendor approved by the Secretary.

(2)        Take reasonable steps to ensure that the communication technology recordings are secure from unauthorized interception during transmission between participants involved in a remote electronic notarial act. The communication technology used by the remote electronic notary shall employ data protection safeguards consistent with generally accepted information security standards.

(b)        Within 10 calendar days of discovering any permanent loss of data, unauthorized use, loss of use, or compromise of security of the electronic journal or the communication technology recordings of remote electronic notarial acts, the remote electronic notary shall do both of the following:

(1)        Inform the appropriate law enforcement agency in the case of theft, tampering, or vandalism.

(2)        Notify the register of deeds in the county of the remote electronic notary’s commissioning under N.C. Gen. Stat. § 10B-10 and the Secretary in writing and signed in the official name in which the remote electronic notary was commissioned. The notice shall indicate whether there was any permanent loss of data, unauthorized use, loss of use, or compromise of security of the electronic journal or the communication technology recordings of remote electronic notarial acts.

(c)        The failure of a remote electronic notary to produce within 30 calendar days of the Secretary’s request any record required by a rule adopted under this Part shall result in the suspension of the remote electronic notary’s power to act as a notary under the provisions of this Chapter until the Secretary reinstates the notary’s commission. ?(2022-54, s. 1.)