C.R.S. Section 24-71.3-105
Use of electronic records and electronic signatures

variation by agreement

(1)

This article does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.

(2)

This article applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.

(3)

A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection (3) may not be waived by agreement.

(4)

Except as otherwise provided in this article, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this article of the words “unless otherwise agreed”, or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.

(5)

Whether an electronic record or electronic signature has legal consequences is determined by this article and other applicable law.

Source: Section 24-71.3-105 — Use of electronic records and electronic signatures - variation by agreement, https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.pdf (accessed May 26, 2025).

24–71.3–101
Short title 24–71.3–102
Definitions 24–71.3–103
Scope 24–71.3–104
Prospective application 24–71.3–105
Use of electronic records and electronic signatures - variation by agreement 24–71.3–106
Construction and application 24–71.3–107
Legal recognition of electronic records, electronic signatures, and electronic contracts 24–71.3–108
Provision of information in writing - presentation of records 24–71.3–109
Attribution and effect of electronic record and electronic signature 24–71.3–110
Effect of change or error 24–71.3–111
Notarization and acknowledgment 24–71.3–112
Retention of electronic records - originals 24–71.3–113
Admissibility in evidence 24–71.3–114
Automated transaction 24–71.3–115
Time and place of sending and receipt 24–71.3–116
Transferable records 24–71.3–117
Creation and retention of electronic records by political subdivisions 24–71.3–118
Acceptance and distribution of electronic records by governmental agencies 24–71.3–119
Interoperability 24–71.3–120
Severability clause 24–71.3–121
Construction with other laws

Current through Fall 2025

§ 24-71.3-105. Use of electronic records & electronic signatures's source at colorado.gov

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Location: https://colorado.public.law/statutes/crs_24-71.3-105

Original Source: Section 24-71.3-105 — Use of electronic records and electronic signatures - variation by agreement, https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.pdf (last accessed May 10, 2025).