(a) (1) 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.
(2) 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.
(b) 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:
(1) The record must be posted or displayed in the manner specified in the other law;
(2) 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
(3) The record must contain the information formatted in the manner specified in the other law.
(c) 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.
(d) The requirements of this section may not be varied by agreement, but:
(1) 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
(2) 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.
Structure Maryland Statutes
Title 21 - The Maryland Uniform Electronic Transactions Act
Section 21-103 - Prospective Application
Section 21-104 - Use of Electronic Records and Electronic Signatures; Variation by Agreement
Section 21-105 - Construction and Application
Section 21-107 - Provision of Information in Writing; Presentation of Records
Section 21-108 - Attribution and Effect of Electronic Record and Electronic Signature
Section 21-109 - Effect of Change or Error
Section 21-110 - Notarization and Acknowledgment
Section 21-111 - Retention of Electronic Records; Originals
Section 21-112 - Admissibility in Evidence
Section 21-113 - Automated Transaction
Section 21-114 - Time and Place of Sending and Receipt
Section 21-115 - Transferable Records
Section 21-117 - Acceptance and Distribution of Electronic Records by Governmental Agencies
Section 21-118 - Interoperability
Section 21-118.1 - Use of Electronic Postmarks