# Electronic Information > Electronic Information means any data perceived, communicated, or stored digitally. **Term:** Electronic Information **Last updated:** 2026-07-29 ## Definition ## What Electronic Information Means in a Contract Electronic Information refers to any data that is created, stored, processed, transmitted, or accessed through digital means. This includes emails, spreadsheets, databases, software code, system logs, images, audio and video files, and records held on servers, cloud platforms, or portable devices. In a contract, the term is used to set the boundaries of what counts as protected, regulated, or transferable material. Contracts often need to distinguish Electronic Information from paper records or verbal communications because digital data carries distinct risks and handling requirements. A party's obligations, whether to keep information confidential, secure it against breach, or return it upon termination, typically hinge on whether the material qualifies as Electronic Information under the agreement's definitions section. The term frequently overlaps with related concepts such as personal data, confidential information, or intellectual property, but it is broader in scope because it captures format rather than content. Any data expressed digitally, regardless of subject matter, can fall within this definition. ## How Electronic Information Is Defined or Measured Because Electronic Information is a functional rather than a technical term, its definition is usually drafted broadly to capture current and future forms of digital data. A typical clause might describe it as information stored on computer systems, networks, or electronic media, whether owned or controlled by a party or a third party acting on its behalf. Measurement is not usually about quantity but about classification. Parties assess whether specific data falls within the defined category by looking at its format (digital versus physical), its source (internally generated or received from another party), and sometimes its sensitivity (personal, financial, or proprietary). - Format-based tests: does the data exist in digital form, regardless of the device or platform. - Source-based tests: was the data created by, transmitted to, or accessed by a contracting party. - Sensitivity-based tests: does the data include personal, confidential, or regulated categories requiring extra safeguards. These tests help parties apply obligations consistently, especially when contracts also reference related instruments such as a