Chapter 2 Electronic communication

Definition (b), Electronic communication

(e) Addressee of an electronic communication means a party who is intended by the originator to receive the electronic communication, but does not include a party acting as an intermediary with respect to that electronic communication

(e) Addressee of an electronic communication means a party who is intended by the originator to receive the electronic communication, but does not include a party acting as an intermediary with respect to that electronic communication

Electronic means' of assembly of persons for any purpose under this Law means any method of assembly whereby those assembled can follow and participate in the proceedings by electronic means of communication.

(b) Electronic communication means any communication that the parties make by means of data messages

(b) Electronic communication means any communication that the parties make by means of data messages

(d) Originator of an electronic communication means a party by whom, or on whose behalf, the electronic communication has been sent or generated prior to storage, if any, but it does not include a party acting as an intermediary with respect to that electronic communication

(d) Originator of an electronic communication means a party by whom, or on whose behalf, the electronic communication has been sent or generated prior to storage, if any, but it does not include a party acting as an intermediary with respect to that electronic communication

(g) In the area of electronic commerce, the UNCITRAL Model Law on Electronic Commerce and the UNCITRAL Model Law on Electronic Signatures.

Whether an electronic communication that fulfilled the requirement of a signature has legal validity is to be settled under the law applicable outside the draft convention.

Where the law requires that a communication or a contract should be signed by a party, or provides consequences for the absence of a signature, that requirement is met in relation to an electronic communication if

The words domain name or electronic mail address , for instance, could be replaced with domain name, electronic mail address or other means of electronic communication .

3. Where the law requires that a communication or a contract should be signed by a party, or provides consequences for the absence of a signature, that requirement is met in relation to an electronic communication if

Information, publication of which has been enabled by electronic means of communication

Article 10. Time and place of dispatch and receipt of electronic communication

An electronic communication is presumed to be capable of being retrieved by the addressee when it reaches the addressee's electronic address.

As the purpose of an electronic communication was to express the party's intent rather than to provide information, he proposed amending the phrase to read approval of the contents of the electronic communication .

The description of an electronic reverse auction assumes that all participants will use electronic means of communication in the auction itself (see para. 23 of A CN.9 WG.I WP.38, the drafting suggestions following which allow the compulsory use of electronic means of communication).

4. Where the law requires that a communication or a contract should be made available or retained in its original form, or provides consequences for the absence of an original, that requirement is met in relation to an electronic communication if

Where the law requires that a communication or a contract should be made available or retained in its original form, or provides consequences for the absence of an original, that requirement is met in relation to an electronic communication if

The time of receipt of an electronic communication at another electronic address of the addressee is the time when it becomes capable of being retrieved by the addressee at that address and the addressee becomes aware that the electronic communication has been sent to that address.

2. Recommends that all States give favourable consideration to the Model Law on Electronic Signatures, together with the Model Law on Electronic Commerce adopted in 1996 and complemented in 1998, when they enact or revise their laws, in view of the need for uniformity of the law applicable to alternatives to paper based forms of communication, storage and authentication of information

However, there may be instances where the law requires a signature that does not fulfil the function of indicating the signing party's approval of the information contained in the electronic communication.

In such cases, it is not the intention of the law to require the notary or commissioner, by signing, to indicate his approval of the information contained in the electronic communication.

The conjunctive requirement in paragraph 3 (a) of article 9 would prevent electronic signatures from satisfying the requirement of law for a signature in such situations where the function of indicating approval of the contents of the electronic communication cannot be fulfilled by such signatures.

(o) UNCITRAL Model Law on Electronic Signatures (2001).

D. UNCITRAL Model Law on Electronic Commerce (1996)

F. UNCITRAL Model Law on Electronic Signatures (2001)

The Working Group considered whether a definition of the term electronic or electronic means of communication should be provided for in the text of the Model Law, noting that although some procurement regimes and electronic commerce legislation included equivalent definitions, other systems had no such definition (A CN.9 WG.I WP.38 Add.1, para. 9 and endnote 5).

Paragraph 3 (a) provides that only an electronic signature that fulfils both the function of identification of the party as well as the function of indicating that party's approval of the information contained in the electronic communication meets that legal requirement of a signature in relation to an electronic communication.

Model Law on Electronic Signatures of the United Nations Commission on International Trade Law

(c) The UNCITRAL Model Law on Electronic Signatures (2001)

However, the Model Law on Electronic Commerce does not define the adjective electronic itself, again approaching the question of electronic communications from a functional standpoint.

2. Where the law requires that a communication or a contract should be in writing, or provides consequences for the absence of a writing, that requirement is met by an electronic communication if the information contained therein is accessible so as to be usable for subsequent reference.

Where the law requires that a communication or a contract should be in writing, or provides consequences for the absence of a writing, that requirement is met by an electronic communication if the information contained therein is accessible so as to be usable for subsequent reference.

A communication or a contract shall not be denied validity or enforceability on the sole ground that it is in the form of an electronic communication.

These campaigns were conducted through the use of direct interaction, electronic communication, talk shows, and the media.

1. A communication or a contract shall not be denied validity or enforceability on the sole ground that it is in the form of an electronic communication.

(a) The authenticity of electronic signatures relating to tenders can be established comply with relevant electronic signature legislation, e.g. that based on Model Law on Electronic Signatures

The time of receipt of an electronic communication is the time when it becomes capable of being retrieved by the addressee at an electronic address designated by the addressee.

56 80. Model Law on Electronic Signatures of the United Nations Commission on International Trade Law

It was suggested that, in the interests of uniformity, the draft instrument should adopt a definition of electronic signature based on other UNCITRAL instruments such as the Model Law on Electronic Signatures (2001) and the Model Law on Electronic Commerce (1996).

Appreciating the efforts that the Commission has made over the years in removing obstacles to electronic commerce in existing laws, notably by enacting the Model Law on Electronic Commerce in 1996 and the Model Law on Electronic Signatures in 2001,

In addition, it is also likely that electronic communication is used where there is contract modification and transfer.