(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 record or electronic signature was attributable.
(2) The effect of an electronic record or electronic signature attributed to a person under
subsection (1) of this section is determined from the context and surrounding
circumstances at the time of its creation, execution, or adoption, including the
parties' agreement, if any, and otherwise as provided by law.
Effective: August 1, 2000
History: Created 2000 Ky. Acts ch. 301, sec. 9, effective August 1, 2000.
Notes of Decisions
Jarred Farnham v. Campari America, LLC, et al. (2025)
kyed · cites it 2×
“8, 2016) (“A party meets the prima facie burden of establishing an arbitration agreement by providing copies of a written and signed agreement to arbitrate.”
Andrew W. Dusing v. Triple Crown Developers, LLC (2026)
kyctapp
“Per KRS 369.109(2), the effect of a contested electronic record or signature must be determined from analyzing the context and surrounding circumstances at the time of its creation, execution, or adoption.”
— Ky. Rev. Stat. § 369.109(1) — 2 cases
— Ky. Rev. Stat. § 369.109(2) — 1 case
Andrew W. Dusing v. Triple Crown Developers, LLC (2026)
kyctapp
“Per KRS 369.109(2), the effect of a contested electronic record or signature must be determined from analyzing the context and surrounding circumstances at the time of its creation, execution, or adoption.”
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