ORS 84.013¹
Use of electronic records and electronic signatures
  • variation by agreement

(1) ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded) do not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.

(2) ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded) apply only to transactions between parties, each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.

(3) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.

(4) Except as otherwise provided in ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded), the effect of any provision of ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded) may be varied by agreement. The presence in certain provisions of ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded) of the words “unless otherwise agreed,” or words of similar import, does not imply that the effect of other provisions of ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded) may not be varied by agreement.

(5) Whether an electronic record or electronic signature has legal consequences is determined by ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded) and other applicable law. [2001 c.535 §5]

1 Legislative Counsel Committee, CHAPTER 84—Electronic Transactions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors084.­html (2019) (last ac­cessed May 16, 2020).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information