In accordance with Section 8-1A-18(a) of the Code of Ala. 1975, the Department hereby establishes that to the fullest extent permitted by the Act and except as otherwise provided in this administrative rule, the Department may send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. In accordance with Section 8-1A-18(b), use of electronic records and electronic signatures will comply with the following requirements:

1. (1) Provide an identical copy of the original signed and executed document to the signer.
2. (2) Ensure non repudiation; that the signer cannot deny the fact that he or she electronically signed the document. ‐

3. (3) Capture information about the process used to capture signatures (i.e. create an audit trail), including but not limited to

   1. (a) IP address
   2. (b) Date and time stamp of all events
   3. (c) All web pages, documents, disclosures, and other information presented
   4. (d) What each party acknowledged, agreed to, and signed.

4. (4) Encrypt, end-to-end, all communication within the signature process. Encryption technologies shall comply with state encryption standards, including the requirements that cryptographic modules be validated to the current Federal Information Processing Standards (FIPS).

   The information contained in this subsection constitutes the minimum that is required for a valid electronic signature. Any authorized person within the Department may require additional reasonable information from a signer to establish the identity and signature authority of the signer. The Department may provide additional requirements subject to a State of Alabama information technology policy as promulgated by the Alabama Office of Information Technology.

Author: Jacob Harper

Statutory Authority: Code of Ala. 1975, §§8-1A-7, 8-1A-12, 8-1A-18, 41-4-35.

History: New Rule: Published November 30, 2020; effective January 14, 2021.