2016 California Code
Civil Code - CIV
DIVISION 3 - OBLIGATIONS
PART 2 - CONTRACTS
TITLE 2.5 - ELECTRONIC TRANSACTIONS
Section 1633.2.

1633.2. In this title the following terms have the following definitions:

(a) Agreement means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.

(b) Automated transaction means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.

(c) Computer program means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.

(d) Contract means the total legal obligation resulting from the parties agreement as affected by this title and other applicable law.

(e) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(f) Electronic agent means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review by an individual.

(g) Electronic record means a record created, generated, sent, communicated, received, or stored by electronic means.

(h) 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. For purposes of this title, a digital signature as defined in subdivision (d) of Section 16.5 of the Government Code is a type of electronic signature.

(i) Governmental agency means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.

(j) Information means data, text, images, sounds, codes, computer programs, software, databases, or the like.

(k) Information processing system means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.

(l) Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.

(m) 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.

(n) Security procedure means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.

(o) Transaction means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.

(Amended by Stats. 2016, Ch. 144, Sec. 2. Effective January 1, 2017.)