N.M. Admin. Code § 1.12.7.10

Current through Register Vol. 35, No. 20, October 22, 2024

Section 1.12.7.10 - ELECTRONIC SIGNATURE, SECURITY PROCEDURE AND SIGNING PROCESS

A. An electronic signature is used to indicate a person's intent to associate themselves in some way to information or to a reason for signing (e.g., agreeing to the terms of a contract, acknowledging receipt of information, etc.) with legal effect. Any sound, symbol, or process that is made or adopted by a person with intent to sign a document can be used as the form of signature for purposes of creating an electronic signature. This includes, for example, a typed name, clicking on an "I Agree" button, or a cryptographically created digital signature. But the mere use of any such sound, symbol, or process does not necessarily create a legally binding electronic signature.

B. A security procedure is employed for the purpose of verifying that an electronic record, signature, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record (integrity). A digital signature can be used as both a security procedure and as a legally binding form of signature. It is important that the context make clear whether the digital signature is intended merely for purposes of attribution, integrity, or whether it is also intended to be a legally binding electronic signature.

C. A signing process is the overall set of actions, steps, and elements that is used to create a valid and enforceable electronic signature, and includes both the application to an electronic record of a form of signature (i.e., the sound, symbol, or process) to be used as the electronic signature, and one or more processes or security procedures to address the other signature requirements listed.

N.M. Admin. Code § 1.12.7.10

Adopted by New Mexico Register, Volume XXVI, Issue 13, July 15, 2015, eff. 7/1/2015