14
Laws of Malaysia
ACT 658
Acknowledgement of receipt
24. (1) This section applies where, on or before sending an
electronic message, or in the electronic message, the originator
has requested or agreed with the addressee that receipt of the
electronic message is to be acknowledged.
(2) Where the originator has requested or agreed with the addressee
that receipt of the electronic message is to be acknowledged, the
electronic message is treated as though it has never been sent
until the acknowledgement is received.
(3) 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—
(a) any communication by the addressee, automated or
otherwise; or
(b) any conduct of the addressee sufficient to indicate to
the originator that the electronic message has been
received.
(4) Where 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
may—
(a) 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
(b) if the acknowledgement is not received within the time
specified in paragraph (a), give notice to the addressee
to treat the electronic message as though it had never
been sent and exercise any other rights he may have.
(5) Where the originator receives the addressee’s acknowledgement
of receipt, it is presumed that the addressee received the related
electronic message.
(6) Where the received acknowledgement states that the related
electronic message fulfills technical requirements, either agreed
upon or set forth in applicable standards, it is presumed that
those requirements have been fulfilled.
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