16-1608.   Provision of information in writing;presentation of records.(a) If parties have agreed to conduct a transaction byelectronic means and a law requires a person to provide, send or deliverinformation in writing to another person, the requirements is satisfied if theinformation is provided, sent or delivered, as the case may be, in anelectronic 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 senderor its information processing system inhibits the ability of the recipient toprint or store the electronic record.

      (b)   If a law other than this act requires a record (1) to be posted ordisplayed in a certain manner, (2) to be sent, communicated or transmitted bya specified method, or (3) to contain information that is formatted in acertain manner, the following rules apply:

      (A)   The record must be posted or displayed in the manner specified in theother law.

      (B)   Except as otherwise provided in subsection (d)(2), the record must besent, communicated or transmitted by the method specified in the other law.

      (C)   The record must contain the information formatted in the manner specifiedin the other law.

      (c)   If a sender inhibits the ability of a recipient to store or print anelectronic record, the electronic record is not enforceable against therecipient.

      (d)   The requirements of this section may not be varied by agreement, but:

      (1)   To the extent a law other than this act requires information to beprovided, sent or delivered in writing but permits that requirement to bevaried by agreement, the requirement under subsection (a) that the informationbe in the form of an electronic record capable of retention also may be variedby agreement; and

      (2)   a requirement under a law other than this act to send, communicate ortransmit a record by first-class mail, may be varied by agreement to the extentpermitted by the other law.

      History:   L. 2000, ch. 120, § 8; July 1.