Tech Corner: Security Procedures

Are you using an electronic service provider for electronic signatures and to store and retain your documents?

Have you evaluated whether your documents are secure?

The Commission does not recommend any electronic service provider over another. Most importantly, the electronic service provider selected by a brokerage must satisfy minimum legal requirements under the Uniform Electronic Transactions Act (UETA).

Brokers should ensure they secure the confidential information from clients or customers upon receipt and while conveying (e.g. phone, email, text, etc.) their information to others. Brokers should take reasonable steps to determine if the electronic service provider has features and security procedures within the system that will protect the integrity of their clients’ information.

According to G.S. 66-312(15), the UETA defines security procedures as:

…a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgement procedures.

There are a multitude of resources available to ensure your compliance with the Uniform Electronic Transactions Act.  You can access additional information regarding security procedures for electronic service providers here.

If you have any further questions or comments, please contact the Commission at 919.875.3700 or educ@ncrec.gov.