Oregon Administrative Rules
Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION
Division 100 - NOTARIES PUBLIC
Section 160-100-0855 - General Technology Requirements for Remote Online Notarization

Universal Citation: OR Admin Rules 160-100-0855

Current through Register Vol. 63, No. 3, March 1, 2024

(1) Each document completed as part of a remote online notarization shall be electronically signed and rendered tamper-evident.

(2) The method of remote online notarization shall ensure privacy and data security.

(3) The method of remote online notarization shall ensure all applicable consumer data, privacy and information security laws are satisfied through their information security programs.

(4) Records of a remote online notarization must be retained in a safe and secure manner for ten years following the date of the notarization. Records must be available to the Secretary of State upon request.

(5) The audio and video quality requirements for a remote online notarization operating model should:

(a) Consist of reliable, continuous, synchronous audio and video feeds with clarity such that all participants can be clearly seen and understood.

(b) Ensure the audio and video are adequate for communication and ability to terminate the session if adequate conditions are not met.

(6) The audio/video recording shall:

(a) Include the person-to person interaction required as part of the notarial act;

(b) Be logically associated to the electronic notary journal;

(c) Be capable of being viewed and heard using broadly available audio/video players.

(7) The transaction documents executed in the remote online notarization act shall not be recorded as part of the video recording.

Statutory/Other Authority: ORS 194.360

Statutes/Other Implemented: HB 4212 (2020)

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