1. An Electronic Document is considered issued by the Originator if he has issued it himself. 2. In the relationship between the Originator and Addressee, an Electronic Document shall be considered issued by the Originator in the following cases: a. If it is sent by a person who has the authority to act on behalf of the Originator. b. If it is sent by an electronic medium automated and programmed to operate automatically by or on behalf of the Originator. 3. In the relationship between the Originator and Addressee, the Addressee shall have the right to consider the Electronic Document as issued by the Originator and to act on this basis in the following cases: a. If the Addressee correctly applies a procedure previously approved by the Originator for the purpose of ensuring that the Electronic Document has been issued by the Originator for this purpose. b. If the Electronic Document received by the Addressee has resulted from the actions of a person who, based on his relationship with the Originator or any agent of the Originator, can access a method used by the Originator to prove that the Electronic Document is issued thereby. 4. The provisions of Clause (3) of this Article shall not apply in the following cases: a. If the Addressee receives a notification from the Originator that the Electronic Document has not been issued thereby, provided that the Addressee has been given reasonable time to act according to the notification. b. If the Addressee has known, or should have known, that the Electronic Document is not issued by the Originator. c. If it is unreasonable for the Addressee to consider the Electronic Document to be issued by the Originator or to act on this basis. 5. If an Electronic Document is issued or considered to be issued by the Originator or if the Addressee has the right to act on this basis in accordance with Clauses (1), (2) and (3) of this Article, the Addressee may, within the framework of its relationship with the Originator, consider the Electronic Document received as the document that the Originator has intended to send and to act on this basis. 6. The Addressee may consider every Electronic Document received thereby as a separate document and to act on this basis. Clause (7) of this Article shall not apply if the Addressee has known, or should have known, that the Electronic Document is a second copy. 7. The provisions of Clauses (5) and (6) of this Article shall not apply if the Addressee has known, or should have known, that an error has occurred in the Electronic Document as a result of a technical failure during transmission.
Interpretation and application must be checked against the official text and current version.