N.D. Cent. Code § 9-16-01

9-16-01. Definitions

In this chapter:

1. "Agreement" means the bargain of the parties in fact, as found in the parties' language

or inferred from other circumstances and from rules and procedures given the effect of

agreements under laws otherwise applicable to a particular transaction.

2. "Automated transaction" means a transaction conducted or performed, in whole or in

part, by electronic means or electronic records, in which the acts or records of one or

both parties are not reviewed by an individual in the ordinary course in forming a

contract, performing under an existing contract, or fulfilling an obligation required by

the transaction.

3. "Computer program" means a set of statements or instructions to be used directly or

indirectly in an information processing system in order to bring about a certain result.

4. "Contract" means the total legal obligation resulting from the parties' agreement as

affected by this chapter and other applicable law.

5. "Electronic" means relating to technology having electrical, digital, magnetic, wireless,

optical, electromagnetic, or similar capabilities.

6. "Electronic agent" means a computer program or an electronic or other automated

means used independently to initiate an action or respond to electronic records or

performances, in whole or in part, without review or action by an individual.

7. "Electronic record" means a record created, generated, sent, communicated, received,

or stored by electronic means.

8. "Electronic signature" means an electronic sound, symbol, or process attached to or

logically associated with a record and executed or adopted by a person with the intent

to sign the record.

9. "Governmental agency" means an executive, legislative, or judicial agency,

department, board, commission, authority, institution, or instrumentality of the state.

10. "Information" means data, text, images, sounds, codes, computer programs, software,

databases, or the like.

11. "Information processing system" means an electronic system for creating, generating,

sending, receiving, storing, displaying, or processing information.

12. "Record" means information that is inscribed on a tangible medium or which is stored

in an electronic or other medium and is retrievable in perceivable form.

13. "Security procedure" means 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 acknowledgment procedures.

14. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan

native village, which is recognized by federal law or formally acknowledged by a state.

15. "Transaction" means an action or set of actions occurring between two or more

persons relating to the conduct of business, commercial, or governmental affairs.

16. "Writing" or "written" includes blockchain technology as defined in section 9-16-19.