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Electronic Commerce Act 2006 [Act 658]

Part IV   cite [+]

COMMUNICATION OF ELECTRONIC MESSAGE

17 Attribution of electronic message   cite [+]

(1) An electronic message is that of the originator if it is sent by the originator himself.

(2) As between the originator and the addressee, an electronic message is deemed to be that of the originator if it is sent by-

(a) a person who has the authority to act on behalf of the originator in respect of that electronic message; or

(b) an information processing system programmed by, or on behalf of, the originator to operate automatically.


(3) As between the originator and the addressee, the addressee is entitled to regard an electronic message as being that of the originator, and to act on that presumption, if-

(a) the addressee properly applies an authentication method agreed between the originator and the addressee for ascertaining whether the electronic message was that of the originator; or

(b) the electronic message as received by the addressee resulted from the actions of a person whose relationship with the originator or any agent of the originator enabled that person to gain access to an authentication method used by the originator to identify electronic message as its own.


(4) Subsection (3) does not apply if-

(a) the addressee has received a notice from the originator that the electronic message is not that of the originator and has reasonable time to act accordingly; or

(b) the addressee knew or should have known that the electronic message was not that of the originator had he exercised reasonable care or used any authentication method agreed between the originator and the addressee.

18 Contents of electronic message   cite [+]

Where an addressee receives an electronic message, the addressee is entitled to regard the electronic message as being what the originator intended to send, and to act on that presumption, unless the addressee knew or should have known, had he exercised reasonable care or used any agreed procedure, that the transmission resulted in any error in the electronic message as received.

19 Each electronic message to be regarded separately   cite [+]

Where an addressee receives an electronic message, the addressee is entitled to regard each electronic message received as a separate electronic message and to act on that presumption, unless the addressee knew or should have known, had he exercised reasonable care or used any agreed procedure, that the electronic message was a duplicate.

20 Time of dispatch   cite [+]

Unless otherwise agreed between the originator and the addressee, an electronic message is deemed sent when it enters an information processing system outside the control of the originator.

21 Time of receipt   cite [+]

Unless otherwise agreed between the originator and the addressee, an electronic message is deemed received-

(a) where the addressee has designated an information processing system for the purpose of receiving electronic messages, when the electronic message enters the designated information processing system; or

(b) where the addressee has not designated an information processing system for the purpose of receiving electronic messages, when the electronic message comes to the knowledge of the addressee.

22 Place of dispatch   cite [+]

Unless otherwise agreed between the originator and the addressee, an electronic message is deemed sent from the originator's place of business, and-

(a) where the originator has more than one place of business, from the place of business that has the closest relationship with the transaction or where there is no place of business that has the closest relationship with the transaction, from the originator's principal place of business; or

(b) where the originator does not have a place of business, from the originator's ordinary place of residence.

23 Place of receipt   cite [+]

Unless otherwise agreed between the originator and the addressee, an electronic message is deemed received at the addressee's place of business, and-

(a) where the addressee has more than one place of business, at the place of business that has the closest relationship with the transaction or where there is no place of business that has the closest relationship with the underlying transaction, at the addressee's principal place of business; or

(b) where the originator does not have a place of business, at the addressee's ordinary place of residence.

24 Acknowledgement of receipt   cite [+]

(1) This section applies where, on or before sending an electronic message, or in the electronic message, the originator has requested or agreed with the addressee that receipt of the electronic message is to be acknowledged.

(2) Where the originator has requested or agreed with the addressee that receipt of the electronic message is to be acknowledged, the electronic message is treated as though it has never been sent until the acknowledgement is received.

(3) Where the originator has not agreed with the addressee that the acknowledgement be given in a particular form or by a particular method, an acknowledgement may be given by-

(a) any communication by the addressee, automated or otherwise; or

(b) any conduct of the addressee sufficient to indicate to the originator that the electronic message has been received.


(4) Where the acknowledgement has not been received by the originator within the time specified or agreed or, if no time has been specified or agreed, within a reasonable time, the originator may-

(a) give notice to the addressee stating that no acknowledgement has been received and specifying a reasonable time by which the acknowledgement must be received; and

(b) if the acknowledgement is not received within the time specified in paragraph (a), give notice to the addressee to treat the electronic message as though it had never been sent and exercise any other rights he may have.


(5) Where the originator receives the addressee's acknowledgement of receipt, it is presumed that the addressee received the related electronic message.

(6) Where the received acknowledgement states that the related electronic message fulfills technical requirements, either agreed upon or set forth in applicable standards, it is presumed that those requirements have been fulfilled.


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