S.C. Code Ann. § 26-5-530 – Resolutions of civil disputes; rebuttable presumptions regarding electronic signatures and records; burden of proof of authenticity | Midpage
§ 26-5-530
S.C. Code Ann. § 26-5-530
Resolutions of civil disputes; rebuttable presumptions regarding electronic signatures and records; burden of proof of authenticity
(A) In resolving a civil dispute involving a secure electronic record, it is rebuttably presumed that the electronic record has not been altered since the specific point in time to which the secure status relates.
(B) In resolving a dispute involving a secure electronic signature, it is rebuttably presumed that the secure electronic signature:
(1) is the signature of the party to whom it correlates; and
(2) was affixed by that party with the intention of signing the electronic record.
(C) The effect of presumptions provided in this section is to place on the party challenging the integrity of a secure electronic record or challenging the genuineness of a secure electronic signature, both the burden of going forward with evidence to rebut the presumption and the burden of persuading the trier of fact that the nonexistence of the presumed fact is more probable than its existence.
(D) In the absence of a secure electronic record or a secure electronic signature, nothing in this chapter changes existing rules regarding legal or evidentiary rules regarding the burden of proving the authenticity and integrity of an electronic record or an electronic signature.