Laws of Malaysia
12
ACT 658
(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.
Contents of electronic message
18. 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.
Each electronic message to be regarded separately
19. 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.
Time of dispatch
20. 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.
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