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• s 10-12-1. [Title]
• s 10-12-2. [Purpose]
• s 10-12-3. [Definitions]
• s 10-12-4. [Enforcement]
• s 10-12-5. [Liability]

s 10-12-1. [Title] (menu)

This chapter shall be known and may be cited as the "Georgia Electronic Records and Signatures Act."

s 10-12-2. [Purpose] (menu)

The provisions of this chapter shall be construed to promote the development of electronic government and electronic commerce.

s 10-12-3. [Definitions] (menu)

As used in this chapter the term:

(1) "Electronic signature" means an electronic or digital method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the electronic signature is invalidated.

(2) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. "Record" includes both electronic records and printed, typewritten, and tangible records.

s 10-12-4. [Enforcement] (menu)

Any person or entity, including but not limited to any department or agency of the state or any of its political subdivisions, may, but shall not be required to, accept or agree to be bound by an electronic record executed or adopted with an electronic signature.

Where a person or other entity accepts or agrees to be bound by an electronic record executed or adopted with an electronic signature, then:

(1) Any rule of law which requires a record of that type to be in writing shall be deemed satisfied; and

(2) Any rule of law which requires a signature shall be deemed satisfied.

s 10-12-5. [Liability] (menu)

A person whose electronic signature is used in an unauthorized fashion may recover or obtain any or all of the following against the person who engaged in such unauthorized use, provided that the use of such electronic signature in an unauthorized fashion was negligent, reckless, or intentional:

(1) Actual damages;

(2) Equitable relief, including, but not limited to, an injunction or restitution of money or property;

(3) Punitive damages under the circumstances set forth in Code Section 51-12-5.1;

(4) Reasonable attorneys' fees and expenses; and

(5) Any other relief which the court deems proper.

As used in this Code section, the term "person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.