Electronic Transactions and Trust Services Law

Article 14 — Article (14) Time and Place of Sending and Receiving Electronic Documents

Chapter Two: Electronic Transactions

1. Unless an agreement is made between the Originator and Addressee on the place and time of sending and receiving the Electronic Document, the following shall apply: a. The Electronic Document shall be considered sent when it enters an information system that is not under the control of the Originator or the person who has sent the document on behalf of the Originator. b. The time of receiving the Electronic Document shall be determined according to the following: 1) If the Addressee has designated an information system for the purpose of receiving the Electronic Document, the Electronic Document shall be considered received at the time it enters the designated information system or at the time the Addressee extracts the Electronic Document, if it is sent to an information system belonging thereto, other than the information system designated to receive the document. 2) If the Addressee has not designated an information system, the Electronic Document shall be considered delivered when it enters an information system belonging to the Addressee, regardless of the difference between the place where the information system is located and the place where the Electronic Document is considered to have been received in accordance with Clause (2) of this Article. 2. Unless otherwise agreed between the Originator and Addressee, the Electronic Document shall be considered to have been sent from the place where the Originator has its place of business and received at the place where the Addressee has its place of business. 3. In applying the provisions of this Article: a. If the Originator or Addressee has more than one place of business, the place of business shall be the one that is most closely connected with the relevant transaction or the principal place of business if there is no such transaction. b. If the Originator or Addressee does not have a place of business, it shall be considered their respective habitual residences. c. The habitual residence of a legal person shall be the headquarters or the place where it is incorporated.

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