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

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

(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

The law should also specify that, unless the law provides otherwise, where the law requires a signature of a person, that requirement is satisfied in relation to an electronic communication if

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.

It also includes an electronic communication if the information contained therein is accessible so as to be usable for subsequent reference (see article 6 of the UNCITRAL Model Law on Electronic Commerce).

Japan expressed appreciation to the Working Group on Electronic Data Interchange for its work in preparing a draft uniform law on electronic data interchange (EDI) and related means of trade data communication.

The law should specify that a writing requirement is met by an electronic communication if the information contained therein is accessible so as to be usable for subsequent reference (see article 6 of the UNCITRAL Model Law on Electronic Commerce).

(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

Presumption relating to the time of dispatch of an 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 .

UNCITRAL Model Law on Electronic Commerce (MLEC)

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

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

One is based on the UNCITRAL Model Law on Electronic Commerce, the other on the UNCITRAL Model Law on Electronic 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)

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

It does not cover other areas of law relevant to electronic reverse auctions, such as competition law or rules on electronic commerce.

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

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 .

Computer mediated communication (CMC) is defined as any human communication that occurs through the use of two or more electronic devices.

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

Interviewed by the electronic magazine Zaman al Wasl (The times of communication) , he wonders

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

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.

Doing so would create a double legal regime for signatures, which would only bring confusion in the law and would create another obstacle to the use of electronic 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

(b) That method is as reliable as was appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement (see article 7 of the UNCITRAL Model Law on Electronic Commerce).

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

Article 7 of the UNCITRAL Model Law on Electronic Commerce states

Cases relating to the UNCITRAL Model Law On Electronic Commerce (MLEC)

(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

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.

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.

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.