§ 1-404. Delivery of notices and communications by electronic means
West's Annotated Code of MarylandGeneral ProvisionsEffective: October 1, 2020
Effective: October 1, 2020
MD Code, General Provisions, § 1-404
§ 1-404. Delivery of notices and communications by electronic means
(b)(1) This section applies only to a notice or communication that is required to be delivered by first-class mail.
(c) Subject to subsection (e) of this section, a unit may deliver by electronic means instead of by first-class mail a notice or communication to an individual if the unit meets the requirements of:
(d) A notice or communication delivered in accordance with subsection (c) of this section shall be considered equivalent to delivery by first-class mail.
(e)(1) A unit may deliver a notice or communication to an individual by electronic means under this section only if the individual has affirmatively consented to delivery by electronic means instead of by first-class mail and has not withdrawn the consent.
(2) If a provision requiring a unit to deliver notice or communication to an individual expressly requires the recipient to verify or acknowledge receipt of the notice or communication, the unit may deliver the notice or communication by electronic means only if the method used provides a means for the individual to electronically verify or acknowledge receipt of the notice or communication.
Contents of statement required before individual consents to electronic communications; hardware or software requirements to receive communications
(f)(1) Before an individual consents to receive notices or communications from a unit by electronic means instead of by first-class mail, the unit shall provide to the individual a clear and conspicuous statement informing the individual of:
(2) When an individual gives a unit consent to deliver notices and communications by electronic means instead of by first-class mail, the individual shall confirm the consent electronically, in a manner that reasonably demonstrates that the individual can access the information in the electronic form that the unit uses to give notices or communications.
(3) If the hardware or software requirements needed to access or retain a notice or communication delivered by electronic means change in a way that creates a material risk that an individual will not be able to access or retain a subsequent notice or communication to which the consent applies, the unit shall provide to the individual:
(g)(1) A withdrawal of consent by an individual under this section:
(h) A unit that provides delivery of notices or communications by electronic means under this section shall:
(i) Nothing in this section may be interpreted to:
Credits
Added by Acts 2020, c. 518, § 1, eff. Oct. 1, 2020.
MD Code, General Provisions, § 1-404, MD GEN PROVIS § 1-404
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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