<section article="gcl" article_name="Commercial Law" number="21-101" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.</text> </level> <level label="c"> <text>“Automated transaction” means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course of forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.</text> </level> <level label="d"> <text>“Computer program” means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.</text> </level> <level label="d–1"> <text>“Consumer” has the meaning stated in § 13–101 of this article.</text> </level> <level label="e"> <text>“Contract” means the total legal obligation resulting from the parties’ agreement as affected by this title and other applicable law.</text> </level> <level label="e–1"> <text>“Dealer” has the meaning stated in § 15–101 of the Transportation Article.</text> </level> <level label="f"> <text>“Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.</text> </level> <level label="g"> <text>“Electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.</text> </level> <level label="h"> <text>“Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means.</text> </level> <level label="i"> <text>“Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.</text> </level> <level label="j"> <text>“Governmental agency” means an executive, legislative, or judicial agency, department, board, commission, authority, institution, unit, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.</text> </level> <level label="k"> <text>“Information” includes data, text, images, sounds, codes, computer programs, software, and databases.</text> </level> <level label="l"> <text>“Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.</text> </level> <level label="m"> <text>“Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.</text> </level> <level label="n"> <text>“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.</text> </level> <level label="o"> <text>“Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.</text> </level> <level label="p"> <text>“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.</text> </level> <level label="q"> <text>“Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.</text> </level> <level label="r"> <text>“Vehicle” has the meaning stated in § 11–176 of the Transportation Article.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="21-102" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>This title does not apply to a transaction to the extent it is governed by:</text> <level label="1"> <text>A law governing the creation and execution of wills, codicils, or testamentary trusts;</text> </level> <level label="2"> <text>The Maryland Uniform Commercial Code, other than §§ 1-107 and 1-206 and Titles 2 and 2A;</text> </level> <level label="3"> <text>The Uniform Computer Information Transactions Act;</text> </level> <level label="4"> <text>A law or regulation governing notice of:</text> <level label="i"> <text>The cancellation or termination of utility services, including water, heat, and power;</text> </level> <level label="ii"> <text>Default, acceleration, repossession, foreclosure, eviction, or the right to cure, under a credit agreement, mortgage, or a rental agreement for a primary residence of an individual;</text> </level> <level label="iii"> <text>The cancellation or termination of health insurance, health insurance benefits, or life insurance benefits, excluding annuities; or</text> </level> <level label="iv"> <text>Recall of a product, or material failure of a product, that risks endangering health or safety; and</text> </level> </level> <level label="5"> <text>A law governing adoption, divorce, or other family law matters.</text> </level> </level> <level label="c"> <text>This title does not apply to:</text> <level label="1"> <text>Court orders, notices, or official court documents, except as provided in the Maryland Rules; or</text> </level> <level label="2"> <text>Documents required to accompany transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.</text> </level> </level> <level label="d"> <text>This title applies to an electronic record or electronic signature otherwise excluded from the application of this title under subsection (b) of this section to the extent it is governed by a law other than those specified in subsection (b) of this section.</text> </level> <level label="e"> <text>A transaction subject to this title is also subject to other applicable substantive law.</text> </level> <level label="f"> <text>The provisions of this title may not modify, limit, or supersede the provisions of the federal Electronic Signatures in Global and National Commerce Act as it relates to use of an electronic record to provide or make available information that is required to be provided or made available in writing to a consumer.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="21-103" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <text>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.</text> </section> <section article="gcl" article_name="Commercial Law" number="21-104" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <level label="a"> <text>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.</text> </level> <level label="b"> <level label="1"> <text>This title applies only to transactions between parties, each of which has agreed to conduct transactions by electronic means.</text> </level> <level label="2"> <text>Whether the parties have agreed to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.</text> </level> <level label="3"> <text>Except for a separate and optional agreement the primary purpose of which is to authorize a transaction to be conducted by electronic means, a provision to conduct a transaction electronically may not be contained in a standard form contract unless that provision is conspicuously displayed and separately consented to.</text> </level> <level label="4"> <text>An agreement to conduct a transaction electronically may not be inferred solely from the fact that a party has used electronic means to pay an account or register a purchase warranty.</text> </level> <level label="5"> <level label="i"> <text>Except as provided in paragraph (6) of this subsection, only a dealer may contract for the sale and delivery of a vehicle by electronic means.</text> </level> <level label="ii"> <text>A consumer shall be deemed not to have agreed to enter into a transaction for the sale or lease of a vehicle with a dealer by electronic means unless the dealer provides the consumer with:</text> <level label="1"> <text>A clear and readable copy of each document signed by the consumer and the dealer in an electronic or written format; and</text> </level> <level label="2"> <text>Reasonable opportunity for the consumer to review the documents before providing an electronic signature.</text> </level> </level> <level label="iii"> <text>If the vehicle is not delivered to the consumer at the dealership on execution by the dealer and consumer of a vehicle contract by electronic means, the dealer shall deliver the vehicle from the dealer’s primary business location to a physical address provided by the consumer and at a date and time:</text> <level label="1"> <text>Agreed on by the buyer and the dealer; and</text> </level> <level label="2"> <text>That is within 7 business days after the execution of the vehicle contract unless the consumer agrees in writing to a different delivery date.</text> </level> </level> </level> <level label="6"> <level label="i"> <text>A person described under § 15–101(c)(3)(i), (ii), (iii), (iv), (v), (vi), (vii), (viii), or (ix) of the Transportation Article may contract for the sale of a vehicle by electronic means.</text> </level> <level label="ii"> <text>A consumer shall be deemed not to have agreed to enter into a transaction for the sale or lease of a vehicle with a person described under § 15–101(c)(3)(i), (ii), (iii), (iv), (v), (vi), (vii), (viii), or (ix) of the Transportation Article unless the consumer is provided with:</text> <level label="1"> <text>A clear and readable copy of each document signed by the consumer and the seller in an electronic or a written format; and</text> </level> <level label="2"> <text>Reasonable opportunity for the consumer to review the documents before providing an electronic signature.</text> </level> </level> </level> <level label="7"> <text>This subsection may not be varied by agreement.</text> </level> </level> <level label="c"> <level label="1"> <text>A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means.</text> </level> <level label="2"> <text>The right granted by this subsection may not be waived by agreement.</text> </level> </level> <level label="d"> <level label="1"> <text>Except as otherwise provided in this title, the effect of any of its provisions may be varied by agreement.</text> </level> <level label="2"> <text>The presence in provisions of this title of the words “unless otherwise agreed”, or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.</text> </level> </level> <level label="e"> <text>Whether an electronic record or electronic signature has legal consequences is determined by this title and other applicable law.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="21-105" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <text>This title must be construed and applied:</text> <level label="1"> <text>To facilitate electronic transactions consistent with other applicable law;</text> </level> <level label="2"> <text>To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and</text> </level> <level label="3"> <text>To effectuate its general purpose to make uniform the law with respect to the subject of this title among states enacting it.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="21-106" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <level label="a"> <text>A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.</text> </level> <level label="b"> <text>A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.</text> </level> <level label="c"> <text>If a law requires a record to be in writing, an electronic record satisfies the law.</text> </level> <level label="d"> <text>If a law requires a signature, an electronic signature satisfies the law.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="21-107" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.</text> </level> </level> <level label="b"> <text>If a law other than this title requires a record to be posted or displayed in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, the following rules apply:</text> <level label="1"> <text>The record must be posted or displayed in the manner specified in the other law;</text> </level> <level label="2"> <text>Except as otherwise provided in subsection (d)(2) of this section, the record must be sent, communicated, or transmitted by the method specified in the other law; and</text> </level> <level label="3"> <text>The record must contain the information formatted in the manner specified in the other law.</text> </level> </level> <level label="c"> <text>If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.</text> </level> <level label="d"> <text>The requirements of this section may not be varied by agreement, but:</text> <level label="1"> <text>To the extent a law other than this title requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and</text> </level> <level label="2"> <text>A requirement under a law other than this title to send, communicate, or transmit a record by registered or certified mail, postage prepaid, or by regular mail, may be varied by agreement to the extent permitted by the other law or by § 21-118.1 of this title.</text> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="21-108" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <level label="a"> <level label="1"> <text>An electronic record or electronic signature is attributable to a person if it was the act of the person.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="b"> <text>The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this section is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties’ agreement, if any, and otherwise as provided by law.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="21-109" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <text>If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:</text> <level label="1"> <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;</text> </level> <level label="2"> <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:</text> <level label="i"> <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;</text> </level> <level label="ii"> <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</text> </level> <level label="iii"> <text>Has not used or received any benefit or value from the consideration, if any, received from the other person;</text> </level> </level> <level label="3"> <text>If neither item (1) nor item (2) of this section applies, the change or error has the effect provided by other law, including the law of mistake, and the parties’ contract, if any; and</text> </level> <level label="4"> <text>Items (2) and (3) of this section may not be varied by agreement.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="21-110" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <text>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 or record.</text> </section> <section article="gcl" article_name="Commercial Law" number="21-111" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <level label="a"> <text>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:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>Remains accessible for later reference.</text> </level> </level> <level label="b"> <text>A requirement to retain a record in accordance with subsection (a) of this section does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.</text> </level> <level label="c"> <text>A person may satisfy subsection (a) of this section by using the services of another person if the requirements of that subsection are satisfied.</text> </level> <level label="d"> <text>If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a) of this section.</text> </level> <level label="e"> <text>If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a) of this section.</text> </level> <level label="f"> <text>A record retained as an electronic record in accordance with subsection (a) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or similar purposes, unless a law enacted after the effective date of this title specifically prohibits the use of an electronic record for the specified purpose.</text> </level> <level label="g"> <text>This section does not preclude a governmental agency of this State from specifying additional requirements for the retention of a record subject to the agency’s jurisdiction.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="21-112" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <text>In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.</text> </section> <section article="gcl" article_name="Commercial Law" number="21-113" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <text>In an automated transaction, the following rules apply:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual’s own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance; and</text> </level> <level label="3"> <text>The terms of the contract are determined by the substantive law applicable to it.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="21-114" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <level label="a"> <text>Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:</text> <level label="1"> <text>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 to retrieve the electronic record;</text> </level> <level label="2"> <text>Is in a form capable of being processed by that system; and</text> </level> <level label="3"> <text>Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.</text> </level> </level> <level label="b"> <text>Unless otherwise agreed between the sender and the recipient, an electronic record is received when:</text> <level label="1"> <text>It enters 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 to retrieve the electronic record; and</text> </level> <level label="2"> <text>It is in a form capable of being processed by that system.</text> </level> </level> <level label="c"> <text>Subsection (b) of this section applies even if the place where the information processing system is located is different from the place where the electronic record is deemed to be received under subsection (d) of this section.</text> </level> <level label="d"> <text>Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender’s place of business and to be received at the recipient’s place of business. For purposes of this subsection, the following rules apply:</text> <level label="1"> <text>If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction; and</text> </level> <level label="2"> <text>If the sender or the recipient does not have a place of business, the place of business is the sender’s or recipient’s residence, as the case may be.</text> </level> </level> <level label="e"> <text>An electronic record is received under subsection (b) of this section even if no individual is aware of its receipt.</text> </level> <level label="f"> <text>Receipt of an electronic acknowledgment from an information processing system described in subsection (b) of this section establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.</text> </level> <level label="g"> <level label="1"> <text>If a person is aware that an electronic record purportedly sent under subsection (a) of this section, or purportedly received under subsection (b) of this section, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law.</text> </level> <level label="2"> <text>Except to the extent allowed by the other law, the requirements of this subsection may not be varied by agreement.</text> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="21-115" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <level label="a"> <text>In this section, “transferable record” means an electronic record that:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>The issuer of the electronic record expressly has agreed is a transferable record.</text> </level> </level> <level label="b"> <text>A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.</text> </level> <level label="c"> <text>A system employed for evidencing the transfer of interests in the transferable record satisfies subsection (b) of this section, and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that:</text> <level label="1"> <text>A single authoritative copy of the transferable record exists that is unique, identifiable, and, except as otherwise provided in items (4), (5), and (6) of this subsection, unalterable;</text> </level> <level label="2"> <text>The authoritative copy identifies the person asserting control as:</text> <level label="i"> <text>The person to which the transferable record was issued; or</text> </level> <level label="ii"> <text>If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;</text> </level> </level> <level label="3"> <text>The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;</text> </level> <level label="4"> <text>Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;</text> </level> <level label="5"> <text>Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and</text> </level> <level label="6"> <text>Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.</text> </level> </level> <level label="d"> <level label="1"> <text>Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in § 1-201(20) of this article, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Maryland Uniform Commercial Code, including, if the applicable statutory requirements under § 3-302(a), § 7-501, or § 9-308 of this article are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively.</text> </level> <level label="2"> <text>Delivery, possession, and endorsement are not required to obtain or exercise any of the rights under this subsection.</text> </level> </level> <level label="e"> <text>Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Maryland Uniform Commercial Code.</text> </level> <level label="f"> <level label="1"> <text>If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record.</text> </level> <level label="2"> <text>Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.</text> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="21-116" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <text>Each governmental agency of this State shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.</text> </section> <section article="gcl" article_name="Commercial Law" number="21-117" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>To the extent a governmental agency uses electronic records and electronic signatures under subsection (a) of this section, the governmental agency, giving due consideration to security, may specify:</text> <level label="1"> <text>The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;</text> </level> <level label="2"> <text>The electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;</text> </level> <level label="3"> <text>Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and</text> </level> <level label="4"> <text>Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.</text> </level> </level> <level label="c"> <text>Except as otherwise provided in § 21-111(f) of this title, this title does not require a governmental agency of this State to use or permit the use of electronic records or electronic signatures.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="21-118" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>If appropriate, those standards may specify differing levels of standards from which governmental agencies of this State may choose in implementing the most appropriate standard for a particular application.</text> </level> <level label="c"> <text>Standards adopted by units of State government shall be consistent with those specified in the State Information Technology Master Plan.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="21-118.1" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Electronic postmark certificate” means evidentiary proof, provided to the sender or recipient of an electronic record, that the electronic record:</text> <level label="i"> <text>Was postmarked by a postal authority with a valid electronic postmark on the date and time indicated;</text> </level> <level label="ii"> <text>Was transmitted in a certain form on a specific date and time; and</text> </level> <level label="iii"> <text>Was sent by the person indicated, to the person indicated, and on the date and time indicated.</text> </level> </level> <level label="3"> <text>“Postal authority” means:</text> <level label="i"> <text>The United States Postal Service or other national public or private mail delivery service that provides electronic postmarks; or</text> </level> <level label="ii"> <text>A public or private entity that has the regulatory authority or legal responsibility for providing electronic postmarks.</text> </level> </level> </level> <level label="b"> <text>Subject to § 21-117 of this title, a requirement under a law other than this title to send, communicate, or transmit a record by registered or certified mail, postage prepaid, or by regular mail is satisfied by an electronic record that:</text> <level label="1"> <text>Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated;</text> </level> <level label="2"> <level label="i"> <text>Enters an information processing system that is outside the control of the sender; or</text> </level> <level label="ii"> <text>Enters a region of an information processing system that is under the control of the recipient;</text> </level> </level> <level label="3"> <text>Is postmarked by a postal authority with an electronic postmark; and</text> </level> <level label="4"> <text>Is authenticated by an electronic postmark certificate.</text> </level> </level> <level label="c"> <text>An electronic record is subject to the same legal protections as the United States mail if:</text> <level label="1"> <text>The electronic record meets the requirements of subsection (b) of this section; and</text> </level> <level label="2"> <text>The postal authority that postmarked the electronic record under subsection (b)(3) of this section is the United States Postal Service.</text> </level> </level> <level label="d"> <text>This section does not authorize the use of an electronic postmark or electronic postmark certificate for the service of a summons, complaint, or other papers for the purpose of obtaining jurisdiction over a defendant in a lawsuit.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="21-119" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <text>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.</text> </section> <section article="gcl" article_name="Commercial Law" number="21-120" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1"> <text>This title may be cited as the Maryland Uniform Electronic Transactions Act.</text> </section>