§ 21-102. Scope

   (a) General applicability of title. -- Except as otherwise provided in subsections (b) and (c) of this section, this title applies to electronic records and electronic signatures relating to a transaction.

(b) Exceptions. -- This title does not apply to a transaction to the extent it is governed by:

   (1) A law governing the creation and execution of wills, codicils, or testamentary trusts;

   (2) The Maryland Uniform Commercial Code, other than § 1-107 and 1-206 and Titles 2 and 2A;

   (3) The Uniform Computer Information Transactions Act;

   (4) A law or regulation governing notice of:

      (i) The cancellation or termination of utility services, including water, heat, and power;

      (ii) Default, acceleration, repossession, foreclosure, eviction, or the right to cure, under a credit agreement, mortgage, or a rental agreement for a primary residence of an individual;

      (iii) The cancellation or termination of health insurance, health insurance benefits, or life insurance benefits, excluding annuities; or

      (iv) Recall of a product, or material failure of a product, that risks endangering health or safety; and

   (5) A law governing adoption, divorce, or other family law matters.

(c) Court orders; documents concerning hazardous materials. -- This title does not apply to:

   (1) Court orders, notices, or official court documents, except as provided in the Maryland Rules; or

   (2) Documents required to accompany transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.

(d) Governance by other laws. -- This title applies to an electronic record or electronic signature otherwise excluded from the application of this title under subsection (b) of this section to the extent it is governed by a law other than those specified in subsection (b) of this section.

(e) Other applicable laws. -- A transaction subject to this title is also subject to other applicable substantive law.

(f) Federal law. -- The provisions of this title may not modify, limit, or supersede the provisions of the federal Electronic Signatures in Global and National Commerce Act as it relates to use of an electronic record to provide or make available information that is required to be provided or made available in writing to a consumer.

HISTORY: 2000, ch. 8; 2001, ch. 486.