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2000 LAWS OF MARYLAND
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Ch. 8
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(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.
(D) 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:
(1) 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
(2) 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.
(E) AN ELECTRONIC RECORD IS RECEIVED UNDER SUBSECTION (B) OF THIS
SECTION EVEN IF NO INDIVIDUAL IS AWARE OF ITS RECEIPT.
(F) 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.
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