137.18(1)(b)1.1. Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
137.18(1)(b)2.2. Takes reasonable steps, including steps that conform to the other person’s reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
137.18(1)(b)3.3. Has not used or received any benefit or value from the consideration, if any, received from the other person.
137.18(2)(2)If neither sub. (1) (a) nor (b) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties’ contract, if any.
137.18(3)(3)Subsections (1) (b) and (2) may not be varied by agreement.
137.18 HistoryHistory: 2003 a. 294.
137.19137.19Notarization and acknowledgement. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to administer the oath or to make the notarization, acknowledgment, or verification, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
137.19 HistoryHistory: 2003 a. 294.
137.20137.20Retention of electronic records; originals.
137.20(1)(1)Except as provided in sub. (6), if a law requires that a record be retained, the requirement is satisfied by retaining the information set forth in the record as an electronic record which:
137.20(1)(a)(a) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
137.20(1)(b)(b) Remains accessible for later reference.
137.20(2)(2)A requirement to retain a record in accordance with sub. (1) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
137.20(3)(3)A person may comply with sub. (1) by using the services of another person if the requirements of that subsection are satisfied.
137.20(4)(4)Except as provided in sub. (6), if a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, a person may comply with that law by using an electronic record that is retained in accordance with sub. (1).
137.20(5)(5)Except as provided in sub. (6), if a law requires retention of a check, that requirement is satisfied by retention of an electronic record containing the information on the front and back of the check in accordance with sub. (1).
137.20(6)(6)
137.20(6)(a)(a) Except as provided in sub. (6), a record retained as an electronic record in accordance with sub. (1) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after May 5, 2004 specifically prohibits the use of an electronic record for the specified purpose.
137.20(6)(b)(b) A governmental unit that has custody of a record is also further subject to the retention requirements for public records of state agencies, and the records of the University of Wisconsin Hospitals and Clinics Authority established under ss. 16.61, and 16.611 and the retention requirements for documents of local governmental units established under s. 16.612.
137.20(7)(7)The public records board may promulgate rules prescribing standards consistent with this chapter for retention of records by state agencies, the University of Wisconsin Hospitals and Clinics Authority and local governmental units.
137.20(8)(8)This section does not preclude a governmental unit of this state from specifying additional requirements for the retention of any record subject to the jurisdiction of that governmental unit.
137.20 HistoryHistory: 2003 a. 294; 2019 a. 125.
137.21137.21Admissibility in evidence. In a proceeding, a record or signature may not be excluded as evidence solely because it is in electronic form.
137.21 HistoryHistory: 2003 a. 294.
137.22137.22Automated transactions. In an automated transaction:
137.22(1)(1)A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agent’s actions or the resulting terms and agreements.
137.22(2)(2)A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual’s own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
137.22(3)(3)The terms of a contract under sub. (1) or (2) are governed by the substantive law applicable to the contract.
137.22 HistoryHistory: 2003 a. 294.