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PARRIS N. GLENDENING, Governor
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H.B. 18
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(B) 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.
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
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) 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:
(I) 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;
(II) 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
(III) HAS NOT USED OR RECEIVED ANY BENEFIT OR VALUE FROM
THE CONSIDERATION, IF ANY, RECEIVED FROM THE OTHER PERSON;
(3) 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
(4) ITEMS (2) AND (3) OF THIS SECTION MAY NOT BE VARIED BY
AGREEMENT.
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
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- 4241 -
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