NY State Technology Law § 303: Electronic Facilitator (Electronic Signatures and Records Act)

Statutory Text (Verbatim)

§ 303. Electronic facilitator

1. The office of information technology services shall be the electronic facilitator and administer this article. In addition to the authority, duties and responsibilities set forth in article one of this chapter, the electronic facilitator shall have the authority, duties and responsibilities granted in this article.

2. The electronic facilitator shall have the following functions, powers, and duties:

(a) To promulgate rules and regulations consistent with the provisions of this article. In developing rules and regulations, the electronic facilitator shall seek the advice of the attorney general, the state comptroller, the director of budget, government and private entities and individuals as the electronic facilitator deems appropriate.

(b) To cooperate with government and private entities and individuals in order to assist in the development and implementation of this article.

(c) To develop guidelines for the improvement of business and commerce by electronic means. Such guidelines shall identify preferred technology standards relating to security, confidentiality and privacy of electronic signatures and electronic records.

Rule Summary

New York State Technology Law § 303 designates the Office of Information Technology Services (OITS) as the electronic facilitator responsible for administering the Electronic Signatures and Records Act (ESRA) and grants it rulemaking, coordination, and guidance‑issuing authority.

The electronic facilitator is empowered to promulgate regulations consistent with ESRA, cooperate with public and private stakeholders in implementing the statute, and develop nonbinding guidelines identifying preferred technology standards for the security, confidentiality, and privacy of electronic signatures and electronic records.

Doctrinal Notes

• Section 303 establishes administrative governance, not substantive validity rules for electronic signatures or records.
• The statute distinguishes between binding regulations and advisory guidelines, the latter aimed at improving business and commerce by electronic means.
• OITS’s role supplements, rather than displaces, its broader authority under Article 1 of the State Technology Law.