Retention of Electronic Records

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Electronic Transactions
  5. Retention of Electronic Records

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  1. If a law requires that a record be retained, such requirement shall be satisfied by retaining an electronic record of the information in the record which:
    1. Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
    2. Remains accessible for the retention period required by law.
  2. A requirement to retain a record in accordance with subsection (a) of this Code section shall not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
  3. A person may satisfy subsection (a) of this Code section by using the services of another person if the requirements of that subsection are satisfied.
  4. If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a) of this Code section.
  5. If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a) of this Code section.
  6. A record retained as an electronic record in accordance with subsection (a) of this Code section shall satisfy a law requiring a person to retain a record for evidentiary, audit, or like purposes unless a law enacted after July 1, 2009, specifically prohibits the use of an electronic record for the specified purpose.
  7. This Code section shall not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
  8. This Code section shall not preclude the Georgia Technology Authority from specifying additional technology requirements in accordance with Code Section 50-25-4.

(Code 1981, §10-12-12, enacted by Ga. L. 2009, p. 698, § 1/HB 126.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2009, "July 1, 2009," was substituted for "the effective date of this chapter" in subsection (f).


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