C 2632 2010 No.
Electronic Transactions
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(b) does not select the addressee;
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(c) performs the functions in an automated, technical manner without
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selection of the electronic record; and
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(d) does not modify the electronic record contained in the transmission.
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to in subsection (1) include the automatic, intermediate and transient storage
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of the information transmitted in so far as this takes place —
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(a) for the sole purpose of carrying out the transmission in the information
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(2) The acts of transmission, routing and of provision of access referred
system;
(b) in a manner that makes it ordinarily inaccessible to anyone other than
the anticipated recipients; and
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(c) for a period not longer than is reasonably necessary for the transmission.
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38. A service provider or vendor that transmits an electronic record
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provided by a recipient of the service via an information system under its
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control is not liable for the automatic, intermediate and temporary storage
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of that electronic record, where the purpose of storing such electronic record
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is to make the onward transmission of the electronic record more efficient
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to other recipients of the service upon their request, provided the service
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provider—
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(a) does not modify the electronic record;
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(b) complies with conditions on access to the electronic record;
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(c) complies with rules regarding the updating of the electronic record,
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specified in a manner widely recognised and used in the industry;
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(d) does not interfere with the lawful use of technology, widely recognised
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and used in the industry, to obtain information on the use of the electronic
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record; and
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(e) removes or disables access to the electronic record it has stored upon
receiving a take-down notice.
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39.—(1) A service provider or vendor that provides a service that consists
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of the storage of electronic records provided by a recipient of the service, is
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not liable for damages arising from the records stored at the request of the