§ 26-2-8-111 — Retention of electronic records; originals

Indiana § 26-2-8-111

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 2: COMMERCIAL TRANSACTIONS
• Ch. 8: Uniform Electronic Transactions Act

Text

(a) If a law requires that certain records be
retained, that requirement is met 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 accessible for later reference.
(b) A requirement to retain records in accordance with subsection
(a) does not apply to any information whose sole purpose is to enable
the record to be sent, communicated, or received.
(c) A person satisfies subsection (a) by using the services of any
other person if the requirements of subsection (a) are met.
(d) If a law requires a record to be presented or retained in its
original form, or provides consequences if the record is not presented
or retained in its original form, that law is satisfied by an electronic
record retained in accordance with subsection (a).
(e) If a law requires retention of a check, that requirement is
satisfied by retention of an electronic record of the information on the
front and back of the check in accordance with subsection (a).
(f) A record retained as an electronic record in accordance with
subsection (a) satisfies a law requiring a person to retain records for
evidentiary, audit, or like purposes, unless a law enacted after July 1,
2000, specifically prohibits the use of an electronic record for a
specified purpose.
(g) This section does not preclude a governmental agency from
specifying additional requirements for the retention of records, written
or electronic, subject to the agency's jurisdiction.

Legislative History

As added by P.L.62-2000, SEC.1.