Electronic signatures, 9 NYCRR § 540.4

Summary

(a) The use of an electronic signature as defined in ESRA shall have the same validity and effect as the use of a signature affixed by hand.

(b) In accordance with ESRA, an electronic signature is 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 record. An electronic signature is considered to be "attached to or logically associated with an electronic record" if the electronic signature is linked to the record during transmission and storage.

(c) A governmental entity shall complete and document a business analysis and risk assessment when selecting an electronic signature to be used or accepted by that governmental entity in an electronic transaction. A governmental entity may elect to collaborate with other governmental entities in the completion and documentation of a business analysis and risk assessment when selecting an electronic signature for use or ...