Chương 2 Luật Giao dịch điện tử 2005: Thông điệp dữ liệu

Chapter II

DATA MESSAGE

Section 1. LEGAL VALIDITY OF DATA MESSAGES

Article 10. Formats of data messages

A data message may be shown in the form of electronic data interchange, electronic documents, e-mails, telegrams, telegraphs, facsimiles and other similar forms.

Article 11. Legal validity of data messages

Information in data messages cannot have its legal validity disclaimed for the sole reason that it is expressed in the form of data messages.

Article 12. Data messages being as valid as documents

Where the law requires information to be in writing, a data message shall be considered having met this condition if the information contained therein is accessible and usable for reference when necessary.

Article 13. Data messages being as valid as original copy

A data message shall be as valid as an original copy when satisfying the following conditions:

1. The contents of the data message are kept intact since its first origination in the form of a complete data message.

The contents of a data message are considered intact when they remain unchanged, except for changes in their appearance which arise in the process of sending, storing or displaying the data message.

2. The contents of the data message are accessible and usable in its integrity for reference when necessary.

Article 14. Data messages being as valid as evidence

1. A data message cannot be disclaimed in terms of its validity as evidence for the sole reason that it is a data message.

2. The validity as evidence of a data message shall be determined based on the reliability of the method by which the data message was generated, stored or communicated; the method to ensure and maintain the integrity of the data message; the method by which its originator was identified, and on other relevant factors.

Article 15. Storage of data messages

1. In cases where the law requires records, files or information to be stored, such records, files or information can be stored in the form of data messages when the following conditions are satisfied:

a) The information in the data message is accessible and usable for reference when necessary;

b) The contents of such data message are stored in the very format in which it was originated, sent or received, or in a format which can be demonstrated to represent accurately its contents;

c) Such data message is stored in a manner to enable the identification of its origin, destination, and the date and time when it was sent or received.

2. Contents and time limit for storage of data message shall comply with the provisions of law on storage.

Section 2. SENDING AND RECEIPT OF DATA MESSAGES

Article 16. Originator of a data message

1. The originator of a data message shall be an agency, organization or individual that creates or sends the data message before such message is stored, excluding any intermediary transmitting the data message.

2. Where parties to a transaction do not agree otherwise, the identification of the originator of a data message shall be as follows:

a) A data message is considered as that of the originator if it is sent by the originator or by an information system established to operate automatically which is designated by the originator;

b) The recipient may consider a data message as being that of the originator if the recipient has applied the verification methods approved by the originator and such methods give the result that such data message is of the originator;

c) As from the time the recipient becomes aware of technical errors in the transmission of a data message or has applied error-detecting methods approved by the originator, the provisions of Points a and b of this Clause shall not apply.

3. The originator shall take responsibility before law for the contents of the data message the originator has originated.

Article 17. Time and place of sending a data message

Unless otherwise agreed upon by the parties to a transaction, the time and place of sending a data message is provided for as follows:

1. The time of sending a data message is the point of time when such data message enters an information system outside the control of the originator;

2. The place of sending a data message is the headquarters of the originator if the originator is an agency or organization or the residence of the originator if the originator is an individual. If the originator has more than one headquarters, the place of sending the data message is the one which has the closest relationship with the transaction.

Article 18. Receipt of a data message

1. The recipient of a data message is the person who is designated to receive the data message from its originator but does not mean any intermediary transmitting such data message.

2. Unless otherwise agreed upon by the parties to the transaction, the receipt of a data message is provided for as follows:

a) The recipient of a data message is deemed in receipt of such message if the message is entered into an information system designated by the recipient and accessible;

b) The recipient has the right to consider each data message received an independent one unless such data message is a copy of another data message and the recipient knows or ought to know that it is a copy;

c) Where the originator has required or agreed with the recipient before or during the sending of a data message that the recipient must send an acknowledgement of the receipt of such data message, the recipient must comply with such request or agreement;

d) Where the originator, before or during the sending of a data message, has stated that such data message will be valid only when the originator receives an acknowledgement, such data message shall be considered having not been sent till the originator receives a written acknowledgement of the receipt of such data message from the recipient;

e) Where the originator has already sent a data message without stating that the recipient must send an acknowledgement and has not yet received the acknowledgement, the originator may notify the recipient that no acknowledgement has been received and set a reasonable duration for the recipient to send the acknowledgement. If the originator still fails to receive any acknowledgement within the specified duration, the originator has the right to treat the data message as though it had never been sent.

Article 19. Time and place of receiving a data message

Unless otherwise agreed upon by the parties to the transaction, the time and place of receiving a data message are provided for as follows:

1. If the recipient has designated an information system for receiving a data message, the message-receiving time shall be the time when the data message enters the designated information system; if the recipient has not designated a specific information system for receiving the data message, the message-receiving time shall be the time when the data message enters any information system of the recipient.

2. The place of receiving a data message shall be the headquarters of the recipient if the recipient is an organization or the permanent residence of the recipient if the recipient is an individual. If the recipient has more than one headquarters, the place of receiving the data message shall be the headquarters which has the closest relationship with the transaction.

Article 20. Automatic sending and receipt of data messages

If the originator or the recipient has designated one or several information systems for the purpose of automatic sending or receipt of data messages, the provisions of Articles 16, 17, 18 and 19 of this Law shall apply.