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Ch. 8
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2000 LAWS OF MARYLAND
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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
BE INCLUDED BY OTHER APPLICABLE LAW, IS ATTACHED TO OR LOGICALLY
ASSOCIATED WITH THE SIGNATURE OR RECORD.
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 AFTER AT THE TIME IT WAS FIRST GENERATED IN ITS FINAL FORM AS AN
ELECTRONIC RECORD OR OTHERWISE; AND
(2) REMAINS ACCESSIBLE FOR LATER REFERENCE.
(B) 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.
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- 50 -
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