Ala. Admin. Code r. 305-0-3-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 305-0-3-.03 - Use Of Electronic Signatures And Electronic Records

In accordance with Section 8-1A-18(a) of the Code of Ala. 1975, ADECA hereby establishes that to the fullest extent permitted by the Act and except as otherwise provided in this administrative rule, ADECA 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 electronic records and electronic signatures. In accordance with Section 8-1A-18(b), ADECA's use of electronic records and electronic signatures will comply with the following requirements:

(a) Provide an identical copy of the original signed and executed document to the signer.

(b) Ensure non-repudiation; that the signer cannot deny the fact that he or she electronically signed the document.

(c) Capture information about the process used to capture signatures (i.e. create an audit trail), including but not limited to:

1. IP address;

2. Date and time stamp of all events;

3. All web pages, documents, disclosures, and other information presented;

4. What each party acknowledged, agreed to, and signed.

(d) Encrypt, end-to-end, all communication within the signature process. Encryption technologies shall comply with state encryption standards, including the requirements that cryptographic modules be validated to the current Federal Information Processing Standards (FIPS).

The information contained in this subsection constitutes the minimum that is required for a valid electronic signature. Any authorized person within ADECA may require additional reasonable information from a signer in order to establish the Identity and signature authority.

Ala. Admin. Code r. 305-0-3-.03

Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 08, May 28, 2021, eff. 7/12/2021.

Authors: Kevin W. Blackburn, Clay Weaver

Statutory Authority:Code of Ala. 1975, §§ 8-1A-7, 8-1A-12, 8-1A-13, 8-1A-17, 8-1A-18.