Section 8. (a) 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, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. 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 chapter, 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 shall be posted or displayed in the manner specified in the other law.
(2) Except as otherwise provided in subparagraph (2) of subsection (d), the record shall be sent, communicated, or transmitted by the method specified in the other law.
(3) The record shall 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 shall not be 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 chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) 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 chapter to send, communicate, or transmit a record by regular United States mail, may be varied by agreement to the extent permitted by the other law.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 110g - Uniform Electronic Transactions
Section 3 - Application of Chapter; Transactions Governed by Other Laws
Section 4 - Electronic Records or Electronic Signatures Governed by Chapter
Section 5 - Transactions Governed by Chapter; Consent of Parties; Waiver
Section 6 - Construction of Chapter
Section 7 - Electronic Signature; Enforceability; Satisfaction of Legal Requirements
Section 9 - Attribution of Electronic Signature; Effect
Section 10 - Change or Error During Transmission of Electronic Record
Section 11 - Fulfillment of Notarization, Acknowledgement, Verification, or Oath Requirements
Section 12 - Retention Requirements
Section 13 - Legal Proceedings
Section 14 - Automated Transactions; Contracts
Section 15 - When Electronic Record Is Sent and Received; Location; Knowledge; Documentation
Section 16 - Transferable Record; Control; Holder for Purposes of Uniform Commercial Code; Proof