presumption shall not imply that the content of the electronic record
corresponds to the record received.
3.
Where the received acknowledgement states that the related electronic
record met technical requirements, either agreed upon or set forth in
applicable standards, it is presumed that those requirements have been
met.
4.
Except in so far as it relates to the sending or receipt of the electronic
record, the provisions of this Article shall not be intended to deal with the
legal consequences that may flow either from that electronic record or
from the acknowledgement of its receipt.
Article 15
Time and Place of Dispatch of Electronic Record
1.
2.
Unless otherwise agreed between the originator and the addressee, the
dispatch of an electronic record shall be deemed to have occurred:
(i)
when it enters an information system outside the control of the
originator or of the person who sent the electronic record on behalf
of the originator; or
(ii)
if the originator and the addressee use the same information
system, when it comes to the attention of and becomes capable of
being retrieved by the addressee.
Unless otherwise agreed between the originator and the addressee, the
time of receipt of an electronic record is determined as follows:
(i)
(ii)
Where the addressee has designated an information for the purpose
of receiving electronic records, receipt shall be deemed to have
occurred:
•
at the time when the electronic record enters the designated
information system; or
•
if the electronic record is sent to an information system of the
addressee that is not the designated information system, at the
time when the electronic record comes to the attention of and
becomes capable of being retrieved by the addressee.
If the addressee has not designated an information system, receipt
occurs when the electronic record enters an information system of
the addressee.
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