Legal Question in Technology Law in California

California adopted the so-called Uniform Electronic Transactions Act in 1999, effective 1/1/2000, and it is codified in the Civil Code as sections 1633.1 through 1633.17.

The entire Act is too long to explain here. If you are doing, or plan to do, a lot of business by electronic means, I suggest getting a copy of these code sections and reading it yourself to get the overall sense of the Act and to see how it treats certain specific issues.

I would say, however, that use of electronic contracts and electronic signatures is pretty much dependent upon the agreement of the parties to do business electronically, and that in so agreeing, it is at least partly up to them to design and employ security measures adequate to their needs in their business relationship.

You might also take a close look at CC 1633.9, a section dealing particularly with security procedures.