Electronic Commerce Act, 2000

Time and place of dispatch and receipt of electronic communications.

21.—(1) Where an electronic communication enters an information system, or the first information system, outside the control of the originator, then, unless otherwise agreed between the originator and the addressee, it is taken to have been sent when it enters such information system or first information system.

(2) Where the addressee of an electronic communication has designated an information system for the purpose of receiving electronic communications, then, unless otherwise agreed between the originator and the addressee or the law otherwise provides, the electronic communication is taken to have been received when it enters that information system.

(3) Where the addressee of an electronic communication has not designated an information system for the purpose of receiving electronic communications, then, unless otherwise agreed between the originator and the addressee, the electronic communication is taken to have been received when it comes to the attention of the addressee.

(4) Subsections (1), (2) and (3) apply notwithstanding that the place where the relevant information system is located may be different from the place where the electronic communication is taken to have been sent or received, as the case may be, under those subsections.

(5) Unless otherwise agreed between the originator and the addressee of an electronic communication, the electronic communication is taken to have been sent from and received at, respectively, the place where the originator and the addressee have their places of business.

(6) For the purposes of subsection (5), but subject to subsection (7)

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

(b) if the originator or addressee does not have a place of business, the place of business is taken to be the place where he or she ordinarily resides.

(7) If an electronic communication is or is in connection with a notification or other communication required or permitted by or under an Act to be sent or given to, or served on, a company at its registered office, the registered office is taken to be the place of business of the company in connection with that electronic communication for the purpose of subsection (5).