The provision of this Section 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 by the addressee under Section 24.
Section 24
The dispatch or the receipt of a data message shall be deemed to be dispatched at the
place where the originator has its place of business or received at the place where the
addressee has its place of business, as the case may be.
If the originator or the addressee has more than one place of business, it shall be deemed
that the place of business is that which has the closest relationship to the underlying
transaction for the purpose of paragraph one. However, if it is unable to determine that
which place of business has the closest relationship to the underlying transaction, it shall
be deemed that the principal place of business is the place where such data message is
received or dispatched.
If the originator or the addressee does not have a place of business, it shall be deemed
that his habitual residence is the place where a data message is received or dispatched.
The provisions of this Section shall not apply to the dispatch and receipt of a data message
by telegram and telex or by any other means of communication prescribed in the Royal
Decree.
Section 25
Any electronic transaction made in accordance with the security procedure prescribed in
the Royal Decree is presumed to be made by a reliable method.
CHAPTER2
ELECTRONIC SIGNATURES
Section 26
An electronic signature is considered to be a reliable electronic signature if it meets the
following requirements:
(1)
the signature creation data are, within the context in which they are used, linked
to the signatory and to no other person;
(2)
the signature creation data were, at the time of signing, under the control of the
signatory and of no other person;
(3)
any alteration to the electronic signature, made after the time of signing, is
detectable; and
(4)
where a purpose of the legal requirement for a signature is to provide assurance
as to the completeness and integrity of the information and any alteration made
to that information after the time of signing is detectable.
The provision of paragraph one does not limit that there is no other way to prove the
reliability of an electronic signature or the adducing of the evidence of the non-reliability of
an electronic signature.
Section 27
Where signature creation data can be used to create a signature that has legal effect, each
signatory shall:
(1)
exercise reasonable care to avoid unauthorized use of its signature creation
data;
(2)
without undue delay, notify any person that may reasonably be expected by the
signatory to rely on or to provide services in support of the electronic signature
if:
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