Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Chapter III : Facilitating Electronic Transactions

Part 2 : Communication of data messages

23. Time and place of communications, dispatch and receipt
Purchase cart Previous page Return to chapter overview Next page

 

A data message—

(a)used in the conclusion or performance of an agreement must be regarded as having been sent by the originator when it enters an information system outside the control of the originator or, if the originator and addressee are in the same information system, when it is capable of being retrieved by the addressee;
(b)must be regarded as having been received by the addressee when the complete data message enters an information system designated or used for that purpose by the addressee and is capable of being retrieved and processed by the addressee; and
(c)must be regarded as having been sent from the originator's usual place of business or residence and as having been received at the addressee's usual place of business or residence.