Malaysia legislation
Section 31
Section 31
⎯(1) This section applies where, on or before sending an electronic communication, or in the electronic communication, the originator has requested or agreed with the addressee that receipt of the electronic communication is to be acknowledged.
(2)
Where the originator has requested and the addressee
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has agreed that receipt of the electronic communication is to be acknowledged, the electronic communication is treated as though it has never been sent until the acknowledgement is received.
(3)
Where the addressee has agreed that the electronic communication is to be acknowledged, the addressee may propose a particular form or particular method of acknowledgement.
(4)
Where the originator has not agreed with the addressee that the acknowledgement be given in a particular form or by a particular method, an acknowledgement may be given by—
(a)
any communication by the addressee, automated or otherwise; or
(b)
any conduct of the addressee sufficient to indicate to the originator that the electronic communication has been received.
(5)
Where the acknowledgement has not been received by the originator within the time specified or agreed or, if no time has been specified or agreed, within a reasonable time, the originator may—
(a)
give notice to the addressee stating that no acknowledgement has been received and specifying a reasonable time by which the acknowledgement must be received; and
(b)
if the acknowledgement is not received within the time specified in subsection 4 (a), give notice to the addressee to treat the electronic communication as though it had never been sent and exercise any other rights he may have.
(6)
Where the originator receives the addressee’s acknowledgement of receipt, it is presumed that the addressee received the related electronic communication.
(7)
Where the acknowledgement of receipt states that the related electronic communication fulfils technical requirements, either agreed upon or set forth in applicable standards, it is presumed that those requirements have been fulfilled.
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