(5 ILCS 175/10-125)
Creation and control of signature devices.
Except as otherwise provided by another applicable rule of law, whenever the
or reliability of an electronic signature created by a qualified security
procedure under Section 10-105 or 10-110
is dependent upon the secrecy or control of a signature device of the
(1) the person generating or creating the signature
device must do so in a trustworthy manner;
(2) the signer and all other persons that rightfully
have access to such signature device must exercise reasonable care to retain control and maintain the secrecy of the signature device, and to protect it from any unauthorized access, disclosure, or use, during the period when reliance on a signature created by such device is reasonable;
(3) in the event that the signer, or any other person
that rightfully has access to such signature device, knows or has reason to know that the secrecy or control of any such signature device has been compromised, such person must make a reasonable effort to promptly notify all persons that such person knows might foreseeably be damaged as a result of such compromise, or where an appropriate publication mechanism is available (which, for State agencies, may include the official newspaper designated pursuant to Section 4 of the Illinois Purchasing Act where appropriate), to publish notice of the compromise and a disavowal of any signatures created thereafter.
(Source: P.A. 90-759, eff. 7-1-99