{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-488.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-488.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-488.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-488.html"}],"law_id":79682,"edition_id":1,"section_id":79682,"structure_id":13070,"section_number":"59.1-488","catch_line":"Effect of change or error","history":"2000, c. 995.","full_text":"If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:\n\n1\n\nIf the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.2\n\nIn an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:A\n\nPromptly 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;B\n\nTakes 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; andC\n\nHas not used or received any benefit or value from the consideration, if any, received from the other person.3\n\nIf neither paragraph (1) nor paragraph (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties’ contract, if any.4\n\nParagraphs (2) and (3) may not be varied by agreement.","order_by":null,"text":{"0":{"id":285499,"text":"If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":285500,"text":"If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":285501,"text":"In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2A"},"3":{"id":285502,"text":"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;","type":"section","prefixes":["2","A"],"prefix":"A","entire_prefix":"2A","prefix_anchor":"2A","level":2,"prior_prefix":"2","next_prefix":"2B"},"4":{"id":285503,"text":"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","type":"section","prefixes":["2","B"],"prefix":"B","entire_prefix":"2B","prefix_anchor":"2B","level":2,"prior_prefix":"2A","next_prefix":"2C"},"5":{"id":285504,"text":"Has not used or received any benefit or value from the consideration, if any, received from the other person.","type":"section","prefixes":["2","C"],"prefix":"C","entire_prefix":"2C","prefix_anchor":"2C","level":2,"prior_prefix":"2B","next_prefix":"3"},"6":{"id":285505,"text":"If neither paragraph (1) nor paragraph (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties’ contract, if any.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2C","next_prefix":"4"},"7":{"id":285506,"text":"Paragraphs (2) and (3) may not be varied by agreement.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":13070,"edition_id":1,"name":"Uniform Electronic Transactions Act","identifier":"42.1","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":261803,"object_type":"structure","relational_id":13070,"identifier":"42.1","token":"59.1\/42.1","url":"\/59.1\/42.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60668,"structure_id":13070,"section_number":"59.1-479","catch_line":"Title","url":"\/59.1-479\/","token":"59.1\/42.1\/59.1-479","metadata":false},{"id":69066,"structure_id":13070,"section_number":"59.1-480","catch_line":"Definitions","url":"\/59.1-480\/","token":"59.1\/42.1\/59.1-480","metadata":false},{"id":55598,"structure_id":13070,"section_number":"59.1-481","catch_line":"Scope","url":"\/59.1-481\/","token":"59.1\/42.1\/59.1-481","metadata":false},{"id":78087,"structure_id":13070,"section_number":"59.1-482","catch_line":"Prospective application","url":"\/59.1-482\/","token":"59.1\/42.1\/59.1-482","metadata":false},{"id":66518,"structure_id":13070,"section_number":"59.1-483","catch_line":"Use of electronic records and electronic signatures; variation by agreement","url":"\/59.1-483\/","token":"59.1\/42.1\/59.1-483","metadata":false},{"id":71849,"structure_id":13070,"section_number":"59.1-484","catch_line":"Construction and application","url":"\/59.1-484\/","token":"59.1\/42.1\/59.1-484","metadata":false},{"id":66728,"structure_id":13070,"section_number":"59.1-485","catch_line":"Legal recognition of electronic records, electronic signatures, and electronic contracts","url":"\/59.1-485\/","token":"59.1\/42.1\/59.1-485","metadata":false},{"id":64043,"structure_id":13070,"section_number":"59.1-486","catch_line":"Provision of information in writing; presentation of records","url":"\/59.1-486\/","token":"59.1\/42.1\/59.1-486","metadata":false},{"id":61402,"structure_id":13070,"section_number":"59.1-487","catch_line":"Attribution and effect of electronic record and electronic signature","url":"\/59.1-487\/","token":"59.1\/42.1\/59.1-487","metadata":false},{"id":79682,"structure_id":13070,"section_number":"59.1-488","catch_line":"Effect of change or error","url":"\/59.1-488\/","token":"59.1\/42.1\/59.1-488","metadata":false},{"id":62569,"structure_id":13070,"section_number":"59.1-489","catch_line":"Notarization and acknowledgment","url":"\/59.1-489\/","token":"59.1\/42.1\/59.1-489","metadata":false},{"id":71153,"structure_id":13070,"section_number":"59.1-490","catch_line":"Retention of electronic record","url":"\/59.1-490\/","token":"59.1\/42.1\/59.1-490","metadata":false},{"id":64820,"structure_id":13070,"section_number":"59.1-491","catch_line":"Admissibility of evidence","url":"\/59.1-491\/","token":"59.1\/42.1\/59.1-491","metadata":false},{"id":54123,"structure_id":13070,"section_number":"59.1-492","catch_line":"Automated transactions","url":"\/59.1-492\/","token":"59.1\/42.1\/59.1-492","metadata":false},{"id":67829,"structure_id":13070,"section_number":"59.1-493","catch_line":"Time and place of sending and receipt","url":"\/59.1-493\/","token":"59.1\/42.1\/59.1-493","metadata":false},{"id":71683,"structure_id":13070,"section_number":"59.1-494","catch_line":"Transferable records","url":"\/59.1-494\/","token":"59.1\/42.1\/59.1-494","metadata":false},{"id":64263,"structure_id":13070,"section_number":"59.1-495","catch_line":"Creation and retention of electronic records and conversion of written records by public bodies of the Commonwealth","url":"\/59.1-495\/","token":"59.1\/42.1\/59.1-495","metadata":false},{"id":81914,"structure_id":13070,"section_number":"59.1-496","catch_line":"Acceptance and distribution of electronic records by public bodies; electronic filing of information permitted","url":"\/59.1-496\/","token":"59.1\/42.1\/59.1-496","metadata":false},{"id":85254,"structure_id":13070,"section_number":"59.1-497","catch_line":"Interoperability","url":"\/59.1-497\/","token":"59.1\/42.1\/59.1-497","metadata":false},{"id":79229,"structure_id":13070,"section_number":"59.1-498","catch_line":"Reserved","url":"\/59.1-498\/","token":"59.1\/42.1\/59.1-498","metadata":false}],"previous_section":{"id":61402,"structure_id":13070,"section_number":"59.1-487","catch_line":"Attribution and effect of electronic record and electronic signature","url":"\/59.1-487\/","token":"59.1\/42.1\/59.1-487","metadata":false},"next_section":{"id":62569,"structure_id":13070,"section_number":"59.1-489","catch_line":"Notarization and acknowledgment","url":"\/59.1-489\/","token":"59.1\/42.1\/59.1-489","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-488\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 995<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":261841,"object_type":"law","relational_id":79682,"identifier":"59.1-488","token":"59.1\/42.1\/59.1-488","url":"\/59.1-488\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-488\/","token":"59.1\/42.1\/59.1-488","dublin_core":{"Title":"Effect of change or error","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-488","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If a change or error in an electronic record<\/span> occurs in a transmission between parties to a transaction<\/span>, the following rules apply:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the parties have agreed to use a security procedure<\/span> to detect changes or errors and one party<\/span> has conformed to the procedure, but the other party<\/span> has not, and the nonconforming party<\/span> would have detected the change or error had that party<\/span> also conformed, the conforming party<\/span> may avoid the effect of the changed or erroneous electronic record<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In an automated transaction<\/span> involving an individual, the individual may avoid the effect of an electronic record<\/span> that resulted from an error made by the individual in dealing with the electronic agent<\/span> of another person<\/span> if the electronic agent<\/span> did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Promptly notifies the other person<\/span> of the error and that the individual did not intend to be bound by the electronic record<\/span> received by the other person<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Takes reasonable steps, including steps that conform to the other person<\/span>’s reasonable instructions, to return to the other person<\/span> or, if instructed by the other person<\/span>, to destroy the consideration received, if any, as a result of the erroneous electronic record<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Has not used or received any benefit or value from the consideration, if any, received from the other person<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If neither paragraph (1) nor paragraph (2) applies, the change or error has the effect provided by other law<\/span>, including the law<\/span> of mistake, and the parties’ contract<\/span>, if any. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Paragraphs (2) and (3) may not be varied by agreement<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECT OF CHANGE OR ERROR (\u00a7 59.1-488)\n\nIf a change or error in an electronic record occurs in a transmission between\nparties to a transaction, the following rules apply:\n\n1. If the parties have agreed to use a security procedure to detect changes or\nerrors and one party has conformed to the procedure, but the other party has\nnot, and the nonconforming party would have detected the change or error had\nthat party also conformed, the conforming party may avoid the effect of the\nchanged or erroneous electronic record.\n\n2. In an automated transaction involving an individual, the individual may avoid\nthe effect of an electronic record that resulted from an error made by the\nindividual in dealing with the electronic agent of another person if the\nelectronic agent did not provide an opportunity for the prevention or correction\nof the error and, at the time the individual learns of the error, the\nindividual:\n\n A. Promptly notifies the other person of the error and that the individual did\n not intend to be bound by the electronic record received by the other person;\n\n B. Takes reasonable steps, including steps that conform to the other\n person’s reasonable instructions, to return to the other person or, if\n instructed by the other person, to destroy the consideration received, if any,\n as a result of the erroneous electronic record; and\n\n C. Has not used or received any benefit or value from the consideration, if\n any, received from the other person.\n\n3. If neither paragraph (1) nor paragraph (2) applies, the change or error has\nthe effect provided by other law, including the law of mistake, and the\nparties’ contract, if any.\n\n4. Paragraphs (2) and (3) may not be varied by agreement.\n\nHISTORY: 2000, c. 995.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}