2016 US Code
Title 15 - Commerce and Trade
Chapter 96 - Electronic Signatures in Global and National Commerce
Subchapter I - Electronic Records and Signatures in Commerce
Sec. 7002 - Exemption to preemption
| 15 U.S.C. § 7002 (2016) |
| §7002. Exemption to preemption |
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(a) In general
A State statute, regulation, or other rule of law may modify, limit, or supersede the provisions of section 7001 of this title with respect to State law only if such statute, regulation, or rule of law— (1) constitutes an enactment or adoption of the Uniform Electronic Transactions Act as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 1999, except that any exception to the scope of such Act enacted by a State under section 3(b)(4) of such Act shall be preempted to the extent such exception is inconsistent with this subchapter or subchapter II, or would not be permitted under paragraph (2)(A)(ii) of this subsection; or (2)(A) specifies the alternative procedures or requirements for the use or acceptance (or both) of electronic records or electronic signatures to establish the legal effect, validity, or enforceability of contracts or other records, if— (i) such alternative procedures or requirements are consistent with this subchapter and subchapter II; and (ii) such alternative procedures or requirements do not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification for performing the functions of creating, storing, generating, receiving, communicating, or authenticating electronic records or electronic signatures; and (B) if enacted or adopted after June 30, 2000, makes specific reference to this chapter. Subsection (a)(2)(A)(ii) shall not apply to the statutes, regulations, or other rules of law governing procurement by any State, or any agency or instrumentality thereof. (c) Prevention of circumventionSubsection (a) does not permit a State to circumvent this subchapter or subchapter II through the imposition of nonelectronic delivery methods under section 8(b)(2) of the Uniform Electronic Transactions Act. |
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(Pub. L. 106–229, title I, §102, June 30, 2000, 114 Stat. 467.) |
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EFFECTIVE DATE
Section effective Oct. 1, 2000, with exceptions relating to record retention and certain loans, see section 107 of Pub. L. 106–229, set out as a note under section 7001 of this title. |
| United States Code, 2012 Edition, Supplement 4, Title 15 - COMMERCE AND TRADE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 15 - COMMERCE AND TRADE CHAPTER 96 - ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE SUBCHAPTER I - ELECTRONIC RECORDS AND SIGNATURES IN COMMERCE Sec. 7002 - Exemption to preemption |
| section 7002 |
| 2016 |
| January 6, 2017 |
| No |
| standard |
| 114 Stat. 467 |
| Public Law 106-229 |
