Electronic
Communications
and Transactions
[ No. 21 of 2009
245
(a) used in the conclusion or performance of an agreement
shall be treated as having been sent by the originator
when it enters an information system outside the control
of the originator or, if the originator and addressee arc
in the same information system, w h e n it is capable o f
being retrieved by t h e addressee;
(b) shall be treated as having been received by the addressee
when the complete data message enters an information
s y s t e m d e s i g n a t e d or used for that p u r p o s e by t h e
a d d r e s s e e a n d is c a p a b l e o f b e i n g r e t r i e v e d a n d
processed by t h e addressee; and
(c) shall be treated as having been sent from the originator's
usual place o f business or residence and as having been
received at the addressee's usual place o f business or
residence.
17. A s between t h e originator and the addressee of a data
message an expression of intent or other statement shall not be
without legal force and effect merely on t h e grounds t h a t —
Expression
of intent or
other
statement
(a) it is in t h e form o f a data message; or
(b) it is not evidenced by an electronic signature, but by other
m e a n s from w h i c h s u c h p e r s o n ' s i n t e n t or o t h e r
i t e t e m e n t can be inferred.
18.
A data message is ihat o f the originator if it w a s sent b y —
(a) t h e originator personally;
(b) a p e r s o n w h o had a u t h o r i t y t o act on b e h a l f o f t h e
originator in respect of that data message; or
Attribution
of data
messages to
originator
(c) an information system p r o g r a m m e d by, or on behalf of,
the originator to operate automatically unless it is proved
that the information system did not properly execute
such programming.
1 9 . (1) A n a c k n o w l e d g m e n t of receipt o f a data message
shall not be necessary to give legai effect to that message.
(2)
An a c k n o w l e d g m e n t of receipt m a y be given b y —
(a) any communication by t h e addressee, whether automated
or otherwise; or
(b) any conduct of the addressee, sufficient to indicate to t h e
originator that t h e data message has been received.
Acknowledgment
of receipt of
data message