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PARRIS N. GLENDENING, Governor
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H.B. 18
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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 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
(3) THE TERMS OF THE CONTRACT ARE DETERMINED BY THE
SUBSTANTIVE LAW APPLICABLE TO IT.
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 TO RETRIEVE THE
ELECTRONIC RECORD;
(2) IS IN A FORM CAPABLE OF BEING PROCESSED BY THAT SYSTEM; AND
(3) 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.
(B) UNLESS OTHERWISE AGREED BETWEEN THE SENDER AND THE
RECIPIENT, AN ELECTRONIC RECORD IS RECEIVED WHEN:
(1) 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
(2) IT IS IN A FORM CAPABLE OF BEING PROCESSED BY THAT SYSTEM.
(C) 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.
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- 4243 -
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