Article 25Supplement v1, p. 25

COMMERCIAL LAWS SUPPLEMENT

or enforceability solely on the ground that it is in the form

of an electronic data message or electronic document.

SECTION 18. Attribution of Electronic Data Message . — (1)

An electronic data message or electronic document is

that of the originator if it was sent by the originator

himself.

(2) As between the originator and the addressee, an

electronic

data

message

or

electronic

document

is

deemed to be that of the originator if it was sent:

(a) by a person who had the authority to act on behalf of

the

originator

with

respect

to

that

electronic

data

message or electronic document; or

(b) by an information system programmed by, or on

behalf of the originator to operate automatically.

(3) As between the originator and the addressee, an

addressee

is

entitled

to

regard

an

electronic

data

message or electronic document as being that of the

originator, and to act on that assumption, if:

(a) in order to ascertain whether the electronic data

message

or

electronic

document

was

that

of

the

originator, the addressee properly applied a procedure

previously agreed to by the originator for that purpose; or

(b) the electronic data message or electronic document

as received by the addressee resulted from the actions of

a person whose relationship with the originator or with

any agent of the originator enabled that person to gain

access to a method used by the originator to identify

electronic data messages or electronic documents as his

own.

(4) Paragraph (3) does not apply:

(a) as of the time when the addressee has both received

notice

from

the

originator

that the electronic data

message or electronic document is not that of the

originator, and has reasonable time to act accordingly; or

(b) in a case within paragraph (3) sub-paragraph (b), at

any time when the addressee knew or should have

known, had it exercised reasonable care or used any

agreed procedure, that the electronic data message or

electronic document was not that of the originator.

(5) Where an electronic data message or electronic

document is that of the originator or is deemed to be that

of the originator, or the addressee is entitled to act on

that assumption, then, as between the originator and the

addressee,

the

addressee

is

entitled

to

regard

the

electronic

data

message

or electronic document as

received as being what the originator intended to send,

and to act on that assumption. The addressee is not so

entitled when it knew or should have known, had it

exercised reasonable care or used any agreed procedure,

that

the

transmission

resulted

in

any

error

in

the

electronic

data

message

or electronic document as

received.

(6) The addressee is entitled to regard each electronic

data message or electronic document received as a

separate electronic data message or electronic document

and to act on that assumption, except to the extent that it

duplicates another electronic data message or electronic

document and the addressee knew or should have

known, had it exercised reasonable care or used any

agreed procedure, that the electronic data message or

electronic document was a duplicate.

SECTION

19.

Error

on

Electronic

Data

Message

or

Electronic Document . — The addressee is entitled to

regard

the

electronic

data

message

or

electronic

document received as that which the originator intended

to send, and to act on that assumption, unless the

addressee

knew

or

should

have

known,

had

the

addressee

exercised

reasonable

care

or

used

the

appropriate procedure —

(a) That the transmission resulted in any error therein or

in the electronic data message or electronic document

when

the

electronic

data

message

or

electronic

document enters the designated information system, or

(b) That electronic data message or electronic document

is

sent

to

an

information

system

which

is

not

so

designated by the addressee for the purpose.

SECTION 20. Agreement on Acknowledgment of Receipt

of Electronic Data Messages or Electronic Documents . —

The following rules shall apply where, on or before

sending

an

electronic

data

message

or

electronic

document, the originator and the addressee have agreed,

or

in

that

electronic

document

or

electronic

data

message, the originator has requested, that receipt of the

electronic

document or electronic data message be

acknowledged:

a.)

Where

the

originator

has

not

agreed

with

the

addressee

that

the

acknowledgment be given in a

particular

form

or

by

a

particular

method,

an

acknowledgment

may

be

given

by or through any

communication

by

the

addressee,

automated

or

otherwise, or any conduct of the addressee, sufficient to

indicate

to

the

originator

that

the

electronic

data

message or electronic document has been received.

b.) Where the originator has stated that the effect or

significance of the electronic data message or electronic

document

is

conditional

on

receipt

of

the

acknowledgment thereof, the electronic data message or

electronic document is treated as though it has never

been sent, until the acknowledgment is received.

c.) Where the originator has not stated that the effect or

significance of the electronic data message or electronic

document

is

conditional

on

receipt

of

the

acknowledgment, and the acknowledgment 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 give notice

to the addressee stating that no acknowledgment has

been received and specifying a reasonable time by which

the

acknowledgment

must

be

received;

and if the

acknowledgment

is

not

received

within

the

time

specified in subparagraph (c), the originator may, upon

notice

to

the

addressee,

treat

the

electronic

data

message or electronic document as though it had never

been sent, or exercise any other rights it may have.

SECTION

21.

Time

of

Dispatch

of

Electronic

Data

Messages or Electronic Documents . — Unless otherwise

agreed between the originator and the addressee, the

dispatch of an electronic data message or electronic

document occurs when it enters an information system

outside the control of the originator or of the person who

sent the electronic data message or electronic document

on behalf of the originator.

SECTION 22. Time of Receipt of Electronic Data Messages

or Electronic Documents . — Unless otherwise agreed

between the originator and the addressee, the time of

receipt

of

an electronic data message or electronic

document is as follows:

(a.)

If the addressee has designated an information

system

for the purpose of receiving electronic data

messages or electronic documents, receipt occurs at the

time when the electronic data message or electronic

document enters the designated information system:

Provided ,

however ,

That

if

the

originator

and

the

addressee

are

both

participants

in

the

designated

information system, receipt occurs at the time when the

electronic

data

message

or

electronic

document

is

retrieved by the addressee.

(b.)

If

the

electronic

data

message

or

electronic

document

is

sent

to an information system of the

addressee that is not the designated information system,

receipt occurs at the time when the electronic data

message or electronic document is retrieved by the

addressee;

(c.) If the addressee has not designated an information

system, receipt occurs when the electronic data message

or electronic document enters an information system of

the addressee.

© Compiled by RGL

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