Applicability to electronic records and signatures relating to a transaction

(a) Except as otherwise provided in subsection (b) of this Code section, this chapter shall apply to electronic records and electronic signatures relating to a transaction. 1299 10-12-5 (b) This chapter shall 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) Title 11 other than Code Section 11-1-306, Article 2, and Article 2A; or (3) The Uniform Computer Information Transactions Act. (c) This chapter shall apply to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) of this Code section to the extent it is governed by a law other than those specified in subsection (b) of this Code section. (d) A transaction subject to this chapter shall also be subject to other applicable substantive law. (e) A governmental agency which is a party to a transaction subject to this chapter shall also be further subject to the records retention requirements for state and local government records established by state law. History. Code 1981, § 10-12-3, enacted by Ga. L. 2009, p. 698, § 1/HB 126; Ga. L. 2015, p. 996, § 3C-4/SB 65. Editor’s notes. Ga. L. 2015, p. 996, § 1-1/SB 65, not codified by the General Assembly, provides that: “(a) This Act shall be known and may be cited as the ‘Debtor-Creditor Uniform Law Modernization Act of 2015.’ “(b) To promote consistency among the states, it is the intent of the General Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships.” 10-12-4. Applicability to electronic records and signatures created on or after July 1, 2009. This chapter shall apply to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 1, 2009. History. Code 1981, § 10-12-4, enacted by Ga. L. 2009, p. 698, § 1/HB 126. 10-12-5. Chapter does not create requirement for electronic transactions; determination as to whether parties intend to conduct electronic transactions. (a) This chapter shall not require a record or signature to be created, 1300 10-12-7 generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This chapter shall apply only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct. (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection shall not be waived by agreement. (d) Except as otherwise provided in this chapter, the effect of any of this chapter’s provisions may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed,” or words of similar import, shall not imply that the effect of other provisions may not be varied by agreement. (e) Whether an electronic record or electronic signature has legal consequences shall be determined by this chapter and other applicable laws. History. Code 1981, § 10-12-5, enacted by Ga. L. 2009, p. 698, § 1/HB 126. 10-12-6. Construction and applicability.