Retention of electronic records; originals

1. Law
2. District of Columbia Code
3. Commercial Instruments and Transactions. [Enacted title]
4. Uniform Electronic Transactions
5. 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 which:

(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 a record in accordance with subsection (a) of this section does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.

(c) A person may satisfy subsection (a) of this section by using the services of another person if the requirements of that subsection are satisfied.

(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) of this section.

(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) of this section.

(f) A record retained as an electronic record in accordance with subsection (a) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after [October 3, 2001] specifically prohibits the use of an electronic record for the specified purpose.

(g) This section does not preclude a governmental agency of the District of Columbia from specifying additional requirements for the retention of a record subject to the agency’s jurisdiction.

(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)

Section References

This section is referenced in § 28-4917.

Effect of Amendments

D.C. Law 15-105 validated previously made technical corrections.

Emergency Legislation

For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

Editor's Notes

Uniform Law: This section is based upon § 12 of the Uniform Electronic Transactions Act (1999 Act).

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