Virginia Code 59.1-502.12: Efficacy and commercial reasonableness of attribution procedure
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The efficacy, including the commercial reasonableness, of an attribution procedure is determined by the court. In making this determination, the following rules apply:
Terms Used In Virginia Code 59.1-502.12
- Attribution procedure: means a procedure to verify that an electronic authentication, display, message, record, or performance is that of a particular person or to detect changes or errors in information. See Virginia Code 59.1-501.2
- Court: includes an arbitration or other dispute-resolution forum if the parties have agreed to use of that forum or its use is required by law. See Virginia Code 59.1-501.2
- Statute: A law passed by a legislature.
(1) An attribution procedure established by law is effective for transactions within the coverage of the statute, administrative rule, or regulation.
(2) Except as otherwise provided in paragraph (1), commercial reasonableness and effectiveness is determined in light of the purposes of the procedure and the commercial circumstances at the time the parties agreed to or adopted the procedure.
(3) An attribution procedure may use any security device or method that is commercially reasonable under the circumstances.