Oregon Withdrawal of Consent to Electronic Notices and Records

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Multi-State
Control #:
US-ET01011-AM
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Word; 
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Description

A checklist and sample provisions for companies addressing withdrawal of consent to electronic notices and records.

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FAQ

The UETA & eSign requirements for Oregon are: No different than a wet signature, e-signatures are only considered valid if a user demonstrates a clear intent to sign, which Signable provides.

As outlined by the National Telecommunications Information Administration (NTIA), electronic signatures are not legally valid when signing: Wills and testamentary trusts. State statutes governing divorce, adoption or other family law. Court orders or official court documents.

As with the standard consent process for written consent, the electronic consent process has two parts: Consent Discussion: Informing a participant using electronic means. Consent Documentation: The individual indicates agreement to participate in the study by documenting consent using an electronic signature.

A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

Whether through a federal act or a state-level act, electronic signatures are generally valid in all states. There are some exceptions to the rule, such as the signed document type. In most states, documents related to property, birth, marriage, and death certificates can only be signed with a handwritten signature.

An electronic signature is capable of executing a deed, provided that the person signing the document intends to authenticate the document and any execution formalities are satisfied. The legal requirement that a deed must be signed 'in the presence of a witness' requires the physical presence of that witness.

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Oregon Withdrawal of Consent to Electronic Notices and Records