requirement is met by retaining data messages, provided that the following conditions are satisfied:

  1. the information contained therein is accessible so as to be usable for subsequent reference; and

  2. the data message is retained in the format in which it was generated, sent or received, or in a format which can be demonstrated to represent accurately the information generated, sent or received; and

  3. such information, if any, is retained as enables the identification of the origin and destination of a data message and the date and time when it was sent or received.

  1. An obligation to retain documents, records or information in accordance with paragraph (1) does not extend to any information the sole purpose of which is to enable the message to be sent or received.

  2. A person may satisfy the requirement referred to in paragraph (1) by using the services of any other person, provided that the conditions set forth in subparagraphs (a), (b) and (c) of paragraph (1) are met.

 

CHAPTER III. COMMUNICATION OF DATA MESSAGES


Article 11. Formation and validity of contracts

  1. In the context of contract formation, unless otherwise agreed by the parties, an offer and the acceptance of an offer may be expressed by means of data messages. Where a data message is used in the formation of a contract, that contract shall not be denied validity or enforceability on the sole ground that a data message was used for that purpose.

  2. The provisions of this article do not apply to the following: [...].

Article 12. Recognition by parties of data messages

  1. As between the originator and the addressee of a data message, a declaration of will or other statement shall not be denied legal effect, validity or enforceability solely on the grounds that it is in the form of a data message.
  2. The provisions of this article do not apply to the following: [...].

 

Article 13. Attribution of data messages

  1. A data message is that of the originator if it was sent by the originator itself.

  2. As between the originator and the addressee, a data message is deemed to be that of the originator if it was sent:

  1. (a) by a person who had the authority to act on behalf of the originator in respect of that data message; or

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

  1. As between the originator and the addressee, an addressee is entitled to regard a data message as being that of the originator, and to act on that assumption, if:

  1. in order to ascertain whether the data message was that of the originator, the addressee properly applied a procedure previously agreed to by the originator for that purpose; or

  2. the data message 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 data messages as its own.

  1. Paragraph (3) does not apply:

    1. as of the time when the addressee has both received notice from the originator

that the data message is not that of the originator, and had reasonable time to act accordingly; or

  1. in a case within paragraph (3) (b), at any time when the addressee knew or should have known, had it exercised reasonable care or used any agreed procedure, that the data message was not that of the originator.

  1. Where a data message 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 data message 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 data message as received.

  2. The addressee is entitled to regard each data message received as a separate data message and to act on that assumption, except to the extent that it duplicates another data message and the addressee knew or should have known, had it exercised reasonable care or used any agreed procedure, that the data message was a duplicate.

 

Article 14. Acknowledgement of receipt

  1. Paragraphs (2) to (4) of this article apply where, on or before sending a data message, or by means of that data message, the originator has requested or has agreed with the addressee that receipt of the data message be acknowledged.

  2. 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

  1. any communication by the addressee, automated or otherwise, or

  2. any conduct of the addressee,


sufficient to indicate to the originator that the data message has been received.

  1. Where the originator has stated that the data message is conditional on receipt of the acknowledgement, the data message is treated as though it has never been sent, until the acknowledgement is received.

  1. Where the originator has not stated that the data message is conditional on receipt of the acknowledgement, and 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:

  1. may 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

  2. if the acknowledgement is not received within the time specified in subparagraph (a), may, upon notice to the addressee, treat the data message as though it had never been sent, or exercise any other rights it may have.

  1. Where the originator receives the addressee's acknowledgement of receipt, it is presumed that the related data message was received by the addressee. That presumption does not imply that the data message corresponds to the message received.

  2. Where the received acknowledgement states that the related data message met technical requirements, either agreed upon or set forth in applicable standards, it is presumed that those requirements have been met.

  3. Except in so far as it relates to the sending or receipt of the data message, this article is not intended to deal with the legal consequences that may flow either from that data message or from the acknowledgement of its receipt.

 

Article 15. Time and place of dispatch and receipt of data messages

  1. Unless otherwise agreed between the originator and the addressee, the dispatch of a data message occurs when it enters an information system outside the control of the originator or of the person who sent the data message on behalf of the originator.

  2. Unless otherwise agreed between the originator and the addressee, the time of receipt of a data message is determined as follows:

  1. (a) if the addressee has designated an information system for the purpose of receiving data messages, receipt occurs:

  1. at the time when the data message enters the designated information

system; or

  1. if the data message is sent to an information system of the addressee that is not the designated information system, at the time when the data message is retrieved by the addressee;

  1. if the addressee has not designated an information system, receipt occurs when the data message enters an information system of the addressee.

  1. Paragraph (2) applies notwithstanding that the place where the information system is located may be different from the place where the data message is deemed to be received under paragraph (4).

  2. Unless otherwise agreed between the originator and the addressee, a data message is deemed to be dispatched at the place where the originator has its place of business, and is deemed to be received at the place where the addressee has its place of business. For the purposes of this paragraph:

(a) if the originator or the addressee has more than one place of business, the place of business is that which has the closest relationship to the underlying transaction or, where there is no underlying transaction, the principal place of business;

(b) if the originator or the addressee does not have a place of business, reference is to be made to its habitual residence.

  1. The provisions of this article do not apply to the following: [...].

 

PART TWO. ELECTRONIC COMMERCE IN SPECIFIC AREAS
CHAPTER I. CARRIAGE OF GOODS


Article 16. Actions related to contracts of carriage of goods


Without derogating from the provisions of part I of this Law, this chapter applies to any action in connection with, or in pursuance of, a contract of carriage of goods, including but not limited to:

 

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