Haw. Rev. Stat. § 489E-1
Short title
This chapter shall be cited as the Uniform Electronic Transactions Act.
Hawaii Revised Statutes Chapter 489E
Hawaii · statute · Haw. Rev. Stat. ch. 489E · 19 active provisions
Haw. Rev. Stat. § 489E-2
Definitions
In this chapter: "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. "Automated transaction" means a transaction condu…
Haw. Rev. Stat. § 489E-3
Scope
(a) This chapter shall apply to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts; (2) The Uniform Commercial Code other than…
Haw. Rev. Stat. § 489E-4
Prospective application
This chapter shall apply to any electronic record or electronic signature created, generated, sent, communicated, or received on or after June 28, 2000.
Haw. Rev. Stat. § 489E-5
Use of electronic records and electronic signatures; variation by agreement
(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This chapter shall apply only to transactions between parties each of which has agreed to conduct transactions by electron…
Haw. Rev. Stat. § 489E-6
Construction and application
This chapter shall be construed and applied: (1) To facilitate electronic transactions consistent with other applicable law; (2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) To effectuate its general purpose to make uniform th…
Haw. Rev. Stat. § 489E-7
Legal recognition of electronic records, electronic signatures, and electronic contracts
(a) A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract shall not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record sat…
Haw. Rev. Stat. § 489E-8
Provision of information in writing; presentation of records
(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by…
Haw. Rev. Stat. § 489E-9
Attribution and effect of electronic record and electronic signature
(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attribu…
Haw. Rev. Stat. § 489E-10
Effect of change or error
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules shall apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming…
Haw. Rev. Stat. § 489E-11
Notarization, certification, acknowledgment, and verification
If a law requires a signature or record to be notarized, certified, acknowledged, verified, or made under oath or seal, the requirement is satisfied if the electronic signature or seal of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is…
Haw. Rev. Stat. § 489E-12
Retention of electronic records; originals
(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that: (1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and (2) Remains acce…
Haw. Rev. Stat. § 489E-13
Admissibility in evidence
In a proceeding, evidence of a record or signature shall not be excluded solely because it is in electronic form.
Haw. Rev. Stat. § 489E-14
Automated transaction
In an automated transaction, the following rules shall apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements; (2) A contract may be formed by the interaction of an el…
Haw. Rev. Stat. § 489E-15
Time and place of sending and receipt
(a) Unless the sender and recipient agree to a different method of sending that is reasonable under the circumstances, an electronic record is sent when it: (1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving…
Haw. Rev. Stat. § 489E-16
Transferable records
(a) In this section, "transferable record" means an electronic record that: (1) Would be a note under article 3 of the Uniform Commercial Code or a document under article 7 of the Uniform Commercial Code if the electronic record were in writing; and (2) The issuer of the electronic record expressly has agreed is a tran…
Haw. Rev. Stat. § 489E-17
Creation and retention of electronic records and conversion of written records by governmental agencies
Each governmental agency of this State shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.
Haw. Rev. Stat. § 489E-18
Acceptance and distribution of electronic records by governmental agencies
(a) Except as otherwise provided in section 489E-12(f), each governmental agency of this State shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon…
Haw. Rev. Stat. § 489E-19
Interoperability
An agency of this State which adopts standards pursuant to section 489E-18 may encourage and promote consistency and interoperability with similar requirements adopted by other agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this State.…