Ga. Comp. R. & Regs. R. 375-1-1-.04 - Electronic Signatures

(1) Definitions

(a) "Electronic Signature" means an electronic symbol or process attached to or associated with an electronic record and executed or adopted by a person with the intent to sign a record.

(b) "Electronic Record" means a record created, generated, sent, communicated, received, or stored by electronic means.

(c) "Electronic Transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records.

(d) "Approved Electronic Signature Method" means a method that has been approved by the Commissioner, in accordance with this rule and all applicable state and federal laws, and which specifies the form of the electronic signature, and the significance of the use of the electronic signature.

(2) Use of Electronic Signature

(a) Where a departmental policy requires that a record have a signature of a customer or responsible person, the requirement is met when the electronic record has associated with it, an electronic signature using an approved electronic signature method.

(b) When a signature is required, the signature requirement is met when the electronic record has an electronic signature associated with it using an approved electronic signature method, in compliance with all state and federal laws.

(3) Acceptable Forms of Electronic Signature Methods

The following are approved electronic signature methods:

(a) A typed name (i.e., typed into a signature block on a website form)

(b) A digitized image of a handwritten signature that is attached to an electronic record

(c) A shared secret (i.e., password or PIN) used by a person to sign the electronic record

(d) Clicking or checking an on-screen button (i.e., clicking or checking an "I Agree" or "I Consent" button)

(e) Other reasonable and comparable methods may also be appropriate so long as it is clear to the signer that he/she is signing the record.

(4) Identification and Authentication of Signer

(a) The electronic signature must be associated with a person. The Department may require a physical or "wet" signature be on file to ensure the validity of any electronically signed record.

(b) The specific data object that constitutes the electronic signature or the overall method of signing must be able to generate evidence of the person the electronic signature belongs to, as well as generate evidence that the identified person is actually associated with the electronic record.

Notes

Ga. Comp. R. & Regs. R. 375-1-1-.04

O.C.G.A. §§ 10-12-7, 40-5-4, 40-5-101, 40-16-2, 40-16-3, 40-16-5.

Original Rule entitled "Final Agency Decisions in Administrative Hearings' adopted. F. Sept. 1, 2004; eff. Sept. 21, 2004. Repealed: F. Aug. 12, 2020; eff. Sept. 1, 2020. Adopted: New rule entitled "Electronic Signatures." F. Jan. 14, 2021; eff. Feb. 3, 2021.