This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of such act or authorize electronic delivery of any of the notices described in Section 103(b) of such act.
§ 9-17-11.Application of federal Electronic Signatures in Global and National Commerce Act
Chapter 17. Georgia Uniform Mediation Act · Last amended 2021 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-17-11 states that this chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act’s treatment of electronic records, while preserving that federal act’s consumer-consent requirement in Section 101(c) and refusing to authorize electronic delivery of the notices Section 103(b) excludes from electronic treatment.
Full Text of § 9-17-11
Plain-English Summary
Federal law already lets electronic records and signatures carry the same legal weight as paper ones, and it lets a state modify that framework only within limits Congress set. This section makes the required declaration: Chapter 17 modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act.
The section immediately pulls back two pieces of that federal law rather than displacing it wholesale. It leaves Section 101(c) of the federal act untouched — the provision requiring a consumer’s informed consent before a business can substitute an electronic record for one that federal or state law otherwise requires in writing. And it does not authorize electronic delivery of any of the notices that Section 103(b) of the federal act keeps off-limits to electronic-only treatment.
The practical effect ties back to the definition of “sign” in Code Section 9-17-1, which already treats an electronic symbol or process, attached with the intent to authenticate a record, the same as a handwritten signature. This section confirms that treatment extends to signed records under this chapter without conflicting with federal electronic-signature law, short of the two carve-outs it preserves.
Frequently Asked Questions
Does this section let mediation agreements be signed electronically?
It works alongside the definition of “sign” in Code Section 9-17-1, which already treats an electronic symbol or process attached with intent to authenticate a record as a valid signature.
Does this section eliminate the federal consumer-consent requirement for electronic records?
No. It expressly preserves Section 101(c) of the federal Electronic Signatures in Global and National Commerce Act.
Can notices excluded from electronic treatment by federal law be delivered electronically under this chapter?
No. This section does not authorize electronic delivery of any of the notices described in Section 103(b) of the federal act.
Why does state law need to say it modifies a federal statute?
Because the federal act itself lets a state vary its electronic-record rules only if state law says so and stays within the limits the federal act sets — this section is Georgia’s declaration doing that.
What federal law does this section reference?
The federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq.
Amendment History
Code 1981, § 9-17-11, enacted by Ga. L. 2021, p. 646, § 2/SB 234.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: georgia mediation esign actelectronic signature mediation agreement georgia15 USC 7001 georgia mediationelectronic records mediation georgia