(5 ILCS 175/10-110)
Sec. 10-110. Secure electronic signature.
(a) If, through the use of a qualified security procedure, it can be verified that an electronic signature is the signature of a specific person, then such electronic signature shall be considered to be a secure electronic signature at the time of verification, if the relying party establishes that the qualified security procedure was:
(1) commercially reasonable under the circumstances;
(2) applied by the relying party in a trustworthy
manner; and
(3) reasonably and in good faith relied upon by the
relying party.
(b) A qualified security procedure for purposes of this Section is a security procedure for identifying a person that is:
(1) previously agreed to by the parties; or
(2) certified by the Secretary of State in accordance
with Section 10-135 as being capable of creating, in a trustworthy manner, an electronic signature that:
(A) is unique to the signer within the context in
which it is used;
(B) can be used to objectively identify the
person signing the electronic record;
(C) was reliably created by such identified
person, (e.g., because some aspect of the procedure involves the use of a signature device or other means or method that is under the sole control of such person), and that cannot be readily duplicated or compromised; and
(D) is created, and is linked to the electronic
record to which it relates, in a manner such that if the record or the signature is intentionally or unintentionally changed after signing the electronic signature is invalidated.
(Source: P.A. 90-759, eff. 7-1-99.)
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Last modified: February 18, 2015