Title XXIX, Commerce and Trade

agreement. (1) KRS 369.101 to 369.120 does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (2) KRS 369.101 to 369.120 applies only to transactions between p…

KRS 369.101 to 369.120 must be construed and applied: (1) To facilitate electronic transactions consistent with other applicable law; (2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) To …

electronic contracts. (1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (3) If a law re…

(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, as the case may be, in an el…

(1) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic re…

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one (1) party has conformed to the procedure, but the othe…

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other appli…

(1) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which: (a) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic …

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.

In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements. (2) A contract may be …

(1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (a) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic r…

(1) In this section, "transferable record" means an electronic record that: (a) Would be a note under Article 3 of KRS Chapter 355 or a document under Article 7 of KRS Chapter 355 if the electronic record were in writing; and (b) The issuer of the electronic record expressly has …

Conversion of written records by governmental agencies. Each governmental agency of this Commonwealth shall determine whether, and the extent to which, it will create electronic records. The Kentucky Department for Libraries and Archives shall determine whether, and the extent to…

agencies. (1) Except as otherwise provided in KRS 369.112(6), each governmental agency of this state, in compliance with standards established by the Commonwealth Office of Technology, shall determine whether, and the extent to which, it will send and accept electronic records an…

The Commonwealth Office of Technology, which adopts standards pursuant to KRS 369.118(2)(a), may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongove…

If any provision of KRS 369.101 to 369.120 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of KRS 369.101 to 369.120 which can be given effect without the invalid provision or application, and to th…

As used in KRS 369.130 to 369.139: (1) "Blockchain" means data that is: (a) Shared across a peer-to-peer network to create a ledger of verified transactions or information among linked network participants using cryptography to: 1. Maintain the integrity of the ledger; or 2. Exec…

against additional taxes or withholdings. (1) An individual shall not be prohibited from: (a) Accepting digital assets for payment for legal goods or services; or (b) The use of a wallet. (2) Digital assets used as a method of payment shall not be subject to additional taxes, wit…

regulations. (1) As used in this section, "hardware wallet provider" or "provider" means a person that offers or provides a hardware wallet. (2) (a) A hardware wallet provider shall provide the following disclosures to customers for all hardware wallets sold in Kentucky: 1. All i…

liability. (1) The operation of a node shall be allowed to: (a) Connect to a blockchain protocol and participate in the blockchain protocol's operations; (b) Transfer digital assets on a blockchain protocol; or (c) Participate in staking on a blockchain protocol. (2) The Attorney…