Act 8
Electronic Transactions Act
2011
20. Acknowledgement of receipt of data message.
(1) Subject to this section, an acknowledgement of receipt of a
data message is not necessary to give legal effect to the data message.
(2) Where the originator specifies that the data message is
conditional on receipt of the acknowledgement, the data message is
taken as not sent, until the acknowledgement is received by the
originator.
(3) Where the originator specifies that the data message is
conditional on receipt of an acknowledgement and the
acknowledgement is not received by the originator within the time
specified or agreed upon or, if no time has been specified or agreed
upon, within a reasonable time, the originator may—
(a) give notice to the addressee stating that an acknowledgement
has not been received and specify a reasonable time within
which the acknowledgement should be received; and
(b) upon notice to the addressee, treat the data message as
though it has never been sent or exercise any other rights
that he or she may have in respect of the data message.
(4) Where the originator does not specify that the
acknowledgement is to be given in a particular form or by a particular
method, the acknowledgement may be given by—
(a) any communication from the addressee, automated or
otherwise; or
(b) any conduct of the addressee which is sufficient to indicate to
the originator that the addressee received the data message.
(5) Where the originator receives the acknowledgement of
receipt from the addressee, unless there is evidence to the contrary it
is presumed, that the addressee received the data message.
(6) The presumption in subsection (5) does not imply that the
content of the electronic record corresponds to the content of the
record received.
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