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The ETA confirms the default rule that documents and written information can be sent and recorded electronically as well as in paper form.

The Act allows the owner of the trade secrets to obtain a court ordered injunction to prevent the actual or threatened misappropriation of their trade secrets and to prevent another person from obtaining a commercial advantage from use of the trade secrets.

At the state level, Ohio adopted the Uniform Electronic Transactions Act (“UETA”) in 2000, as part of Chapter 1306 of the Ohio Revised Code. UETA is a uniform set of state laws that establishes baseline criteria for conducting transactions electronically and for determining what can and cannot be signed electronically.

Ohio Electronic Signature Act The state of UETA is in force in Ohio. Its main idea is that the document cannot lose its legal force only because it is prepared in electronic form. The contract also does not lose legal weight or the need to fulfill all its clauses just because it is signed with an electronic signature.

UETA recognizes the validity of electronic signatures. Forty-nine states, as well as Puerto Rico, the U.S. Islands, and the District of Columbia have adopted UETA. The state of New York has not adopted UETA, but instead has its own statute recognizing that electronic signatures are legally binding.

Specifically, Ohio law provides that a “record or signature may not be denied legal effect or enforceability solely because it is in electronic form.” Therefore, electronic signatures generally have the same legal effect as traditional written, or “wet-ink” signatures.

Documents that are, by law, not allowed to be signed electronically includes: Sales Agreements for land or buildings. Wills. Any document where another type of signature (i.e. non-electronic) has been agreed to. Any document where the law requires another type of signature. Long term lease agreements of 20 years and longer.

Electronic signatures are valid under both Ohio and federal law. At the state level, Ohio adopted the Uniform Electronic Transactions Act (“UETA”) in 2000, as part of Chapter 1306 of the Ohio Revised Code.

The signer must appear before the notary public. Personal appearance is required for traditional and electronic notarizations. Remote appearance through a real-time, two-way audio-visual platform that meets the requirements of Rule 1-1-05 is allowed for remote online notarizations.