Who is affected by New York State's ESRA? Yes, since March 27, 2000, when the first regulations took effect, electronic signatures and records used in New York State have the same validity and effect as non-electronic signatures and records, subject to certain exceptions stipulated in ESRA. ESRA and its implementing regulation further define what will constitute an electronic signature in New York State.Īn electronic record is information created, stored, generated, received, or communicated by electronic means in a form that a person can perceive and which can be accurately reproduced.Įssentially, electronic signatures and records will allow us to conduct electronic transactions subject to the same legal standards as paper transactions.Ĭan people now use electronic signatures and records under this law? What are electronic signatures and records?Īn electronic signature is an electronic sound, symbol or process attached to or logically associated with an electronic record and adopted by a person as their signature. ESRA also enhances and clarifies the authority of government to create, accept and retain records in electronic form, and designates the Office of Information Technology Services (ITS) as the Electronic Facilitator responsible for promulgating regulations and guidelines regarding the use of electronic signatures and records in both the public and private sectors in New York State. The Electronic Signatures and Records Act (ESRA) gives electronic signatures and electronic records used or accepted in New York State the same legal validity and effect as hand-written signatures and paper-based records, subject to certain exceptions stipulated in ESRA.
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