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

(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

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 .

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).

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.

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.

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.

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.

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

1. The time of dispatch of an electronic communication is the time when it leaves an information system under the control of the originator or of the party who sent it on behalf of the originator or, if the electronic communication has not left an information system under the control of the originator or of the party who sent it on behalf of the originator, the time when the electronic communication is received.

The time of dispatch of an electronic communication is the time when it leaves an information system under the control of the originator or of the party who sent it on behalf of the originator or, if the electronic communication has not left an information system under the control of the originator or of the party who sent it on behalf of the originator, the time when the electronic communication is received.

(d) Under article 8 (1), it must be made clear that a communication or a contract in the form of an electronic communication shall not be denied legal effect.

While the relative novelty of electronic forms of communication might require greater explanation than traditional forms of communication, the Working Group stressed that the text should be drafted in a manner that encompassed any form of communication.

(a) A method is used to identify the party and to associate that party with the information contained in the electronic communication, and as may be appropriate in relation to that legal requirement, to indicate the party's approval of the information contained in the electronic communication.

So we didn't use a radar we built a black box that was looking for electrical signals, electronic communication.

At its seventh session (New York, 4 8 April 2005), the Working Group addressed the following topics electronic publication and communication of procurement related information, other aspects arising from the use of electronic means of communication in the procurement process (such as controls over their use), electronic reverse auctions, and abnormally low tenders (see, further, document A CN.9 575).

e. Electronic communication means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa (a) by means of a telecommunication system (within the meaning of the Telecommunications Act 1984) (b) by other means but while in an electronic form (UK Electronic Communications Act 2000, Sect. 15)

A case in point was the Commission's decision, at its 795th meeting, to insert the phrase or another means of electronic communication after electronic mail address in draft article 6, paragraph 5.

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.

(a) A method is used to identify the party and to associate that party with the information contained in the electronic communication, and as may be appropriate in relation to that legal requirement, to indicate that the party's approval of the information contained in the electronic communication and .

A communication may be physically received by the addressee, i.e. may reach the server for the electronic address in question.

The Working Group may be aware that electronic means of communication may involve the use of particular tools or software.

The phrase A method is used to identify the party and to associate that party with the information contained in the electronic communication represents the minimum functional requirements of any signature, handwritten or electronic.

Another reason for such uncertainties is inherent in the mode of communication and results from the absence of a paper document. Article 11 itself provides that w here a data message electronic communication is used in the formation of a contract, that contract shall not be denied validity or enforceability on the sole ground that a data message electronic communication was used for that purpose.

There was also strong support for the proposal to add a reference in draft paragraph 5 to other means of electronic communication .

At its seventh session, the Working Group requested the Secretariat to prepare drafting suggestions for its eighth session, reflecting the deliberations of the Working Group at its seventh session, on (i) electronic publication and communication of procurement related information, (ii) other aspects arising from the use of electronic means of communication in the procurement process, such as controls over their use, (iii) electronic reverse auctions, and (iv) abnormally low tenders.

The Commission might in any case decide that it would be preferable to omit the reference to another means of electronic communication so as not to rule out the possibility that as yet undiscovered forms of electronic communication might appropriately create a presumption that a party's place of business was located in a particular country.

Mr. Lavalle (Guatemala) queried the appropriateness of the wording approval of the information contained in the electronic communication in draft paragraph 3 (a).

d. Electronic communication means (a) a communication of information in the form of data, text or images by means of guided and or unguided electromagnetic energy or (b) a communication of information in the form of speech by means of guided and or unguided electromagnetic energy, where the speech is processed at its destination by an automated voice recognition system. (Australia, The Electronic Transactions Act 1999, Sect 5, (1))

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

A message was deemed to have been received when it became capable of being retrieved and the operation of that rule was supported by a presumption that retrievability occurred once an electronic communication reached the addressee's electronic address.

The above trend has been reversed in those jurisdictions where electronic means of communication are widely used for the publication of procurement related information.

This is because electronic commerce opens up those wide horizons for international trade that we could not have achieved without modern means of communication.