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Home » US Law » 2022 Maryland Statutes » Commercial Law » Title 21 - The Maryland Uniform Electronic Transactions Act

Section 21-102 – Scope

    (a)    Except as otherwise provided in subsections (b) and (c) of this section, this title applies to electronic records and electronic signatures relating to a transaction.     (b)    This title does not apply to a transaction to the extent it is governed by:         (1)    A law governing the creation and execution of wills, codicils, or testamentary trusts;         (2)    The Maryland […]

Section 21-103 – Prospective Application

    This title applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this title.

Section 21-104 – Use of Electronic Records and Electronic Signatures; Variation by Agreement

    (a)    This title does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.     (b)    (1)    This title applies only to transactions between parties, each of which has agreed to conduct transactions by electronic means.         (2)    Whether the parties have agreed to conduct […]

Section 21-105 – Construction and Application

    This title must be construed and applied:         (1)    To facilitate electronic transactions consistent with other applicable law;         (2)    To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and         (3)    To effectuate its general purpose to make uniform the law with respect to the subject of this title among states enacting […]

Section 21-107 – Provision of Information in Writing; Presentation of Records

    (a)    (1)    If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered in an electronic record capable of retention by the recipient at the time of receipt. […]

Section 21-108 – Attribution and Effect of Electronic Record and Electronic Signature

    (a)    (1)    An electronic record or electronic signature is attributable to a person if it was the act of the person.         (2)    The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable. […]

Section 21-109 – Effect of Change or Error

    If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:         (1)    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 […]

Section 21-110 – Notarization and Acknowledgment

    If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature […]

Section 21-111 – Retention of Electronic Records; Originals

    (a)    If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:         (1)    Accurately reflects the information set forth in the record at the time it was first generated in its final form as an electronic record or otherwise; and         (2)    Remains accessible for […]

Section 21-113 – Automated Transaction

    In an automated transaction, the following rules apply:         (1)    A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements;         (2)    A contract may be formed by the interaction of an electronic agent and an […]

Section 21-114 – Time and Place of Sending and Receipt

    (a)    Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:         (1)    Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able […]

Section 21-115 – Transferable Records

    (a)    In this section, “transferable record” means an electronic record that:         (1)    Would be a note under Title 3 of this article or a document under Title 7 of this article if the electronic record were in writing; and         (2)    The issuer of the electronic record expressly has agreed is a transferable record.     (b)    A person has control of […]

Section 21-117 – Acceptance and Distribution of Electronic Records by Governmental Agencies

    (a)    Except as otherwise provided in § 21-111(f) of this title, each governmental agency shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.     (b)    To the extent […]

Section 21-118 – Interoperability

    (a)    A governmental agency of this State that adopts standards in accordance with § 21-117 of this title may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this State, other states, the federal government, and nongovernmental persons interacting with governmental agencies of this State.     (b)    If appropriate, those standards may […]

Section 21-118.1 – Use of Electronic Postmarks

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Electronic postmark certificate” means evidentiary proof, provided to the sender or recipient of an electronic record, that the electronic record:             (i)    Was postmarked by a postal authority with a valid electronic postmark on the date and time indicated;             (ii)    Was transmitted in a certain form on a […]

Section 21-119 – Severability Clause

    If any provision of this title or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.