NY State Technology Law § 302: Definitions (Electronic Signatures and Records Act)

Statutory Text (Verbatim)

§ 302. Definitions

For the purpose of this article:

1. “Electronic” shall mean of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

2. “Electronic record” shall mean information, evidencing any act, transaction, occurrence, event, or other activity, produced or stored by electronic means and capable of being accurately reproduced in forms perceptible by human sensory capabilities.

3. “Electronic signature” shall mean an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record.

4. “Person” shall mean a natural person, corporation, trust, estate, partnership, incorporated or unincorporated association or any other legal entity, and also includes any department, agency, authority, or instrumentality of the state or its political subdivisions.

5. “Governmental entity” shall mean any state department, board, bureau, division, commission, committee, public authority, public benefit corporation, council, office, or other governmental entity or officer of the state having statewide authority, except the state legislature, and any political subdivision of the state.

Rule Summary

New York State Technology Law § 302 supplies the core definitions governing the Electronic Signatures and Records Act (ESRA). These definitions establish the scope of what qualifies as an electronic record, an electronic signature, and the persons and governmental entities subject to Article 3.

The section is purely definitional but foundational: later ESRA provisions concerning the use, validity, and admissibility of electronic records and signatures operate directly on these terms.

Doctrinal Notes

• The definition of “electronic record” is intentionally broad and technology‑neutral, focusing on reproducibility rather than format.
• “Electronic signature” is defined functionally—by intent and association with a record—rather than by technology or method.
• The inclusion of governmental entities confirms that ESRA applies not only to private transactions but also to state and local government activity, subject to statutory exceptions elsewhere in the article.