KRS § 369.102 — KY Code / Title XXIX / Chapter 369 / Section 369.102
369.102 Definitions for KRS 369.101 to 369.120
Status: in_force

369.102 Definitions for KRS 369.101 to 369.120.

As used in KRS 369.101 to 369.120, unless the context requires otherwise:

(1) "Agreement" means the bargain of the parties in fact, as found in their language or

inferred from other circumstances and from rules, regulations, and procedures given

the effect of agreements under laws otherwise applicable to a particular transaction;

(2) "Automated transaction" means a transaction conducted or performed, in whole or

in part, by electronic means or electronic records, in which the acts of records of

one (1) or both parties are not reviewed by an individual in the ordinary course in

forming a contract, performing under an existing contract, or fulfilling an obligation

required by the transaction;

(3) "Computer program" means a set of statements or instructions to be used directly or

indirectly in an information processing system in order to bring about a certain

result;

(4) "Contract" means the total legal obligation resulting from the parties' agreement as

affected by KRS 369.101 to 369.120 and other applicable law;

(5) "Electronic" means relating to technology having electrical, digital, magnetic,

wireless, optical, electromagnetic, or similar capabilities;

(6) "Electronic agent" means a computer program or an electronic or other automated

means used independently to initiate an action or respond to electronic records or

performances in whole or in part, without review or action by an individual;

(7) "Electronic record" means a record created, generated, sent, communicated,

received, or stored by electronic means;

(8) "Electronic signature" means an electronic sound, symbol, or process attached to or

logically associated with a record and executed or adopted by a person with the

intent to sign the record;

(9) "Governmental agency" means an executive, legislative, or judicial agency,

department, board, commission, authority, institution, or instrumentality of the

federal government or of a state or of a county, municipality, or other political

subdivision of a state;

(10) "Information" means data, text, images, sounds, codes, computer programs,

software, databases, or the like;

(11) "Information processing system" means an electronic system for creating,

generating, sending, receiving, storing, displaying, or processing information;

(12) "Person" means an individual, corporation, business or statutory trust, estate, trust,

partnership, limited partnership, limited liability company, association, limited

cooperative association, joint venture, governmental agency, public corporation, or

any other legal or commercial entity;

(13) "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;

(14) "Security procedure" means a procedure employed for the purpose of verifying that

an electronic signature, record, or performance is that of a specific person or for

detecting changes or errors in the information in an electronic record. The term

includes a procedure that requires the use of algorithms or other codes, identifying

words or numbers, encryption, or callback or other acknowledgment procedures;

(15) "State" means a state of the United States, the District of Columbia, Puerto Rico,

the United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States. The term includes an Indian tribe or band, or

Alaskan native village, which is recognized by federal law or formally

acknowledged by a state; and

(16) "Transaction" means an action or set of actions occurring between two (2) or more

persons relating to the conduct of business, commercial, or governmental affairs.