Section 12: Attribution of electronic record and signature

12. Attribution of electronic record and signature (1) An electronic record or electronic signature shall be attributable to a person where it was the act of that person. (2) The act of a person referred to in subsection (1) may be shown in the manner set out in this section which includes the proper application of any security procedure to determine the person to whom the electronic record or electronic signature is attributable. (3) An electronic record shall be deemed to be that of the originator where it was sent— (a) by a person who had the authority to act on behalf of the originator in respect of that electronic record; or (b) by an information processing system programmed by or on behalf of the originator to operate automatically. E5 – 7 [Issue 1] Electronic Transactions Act (4) Subject to subsection (5), an addressee is entitled to regard an electronic record as being that of the originator and to act on that assumption where— (a) in order to ascertain whether the electronic record was that of the originator, the addressee properly applied a procedure previously agreed to by the originator for that purpose; or (b) the data message as received by the addressee resulted from the actions of a person whose relationship with the originator or with any agent of the originator enabled that person to gain access to a method used by the originator to identify an electronic record as its own. (5) Subsection (4) shall not apply— (a) from the time when the addressee has both received notice from the originator that the electronic record is not that of the originator, and had reasonable time to act accordingly; (b) in a case referred to in subsection (4) (b), at any time when the addressee knew or ought to have known, had it exercised reasonable care or used any agreed procedure, that the electronic record was not that of the originator; or (c) where, in all the circumstances of the case, there are reasonable grounds for the addressee to regard the electronic record as that of the originator or to act on that assumption. (6) Subject to subsection (7), where an electronic record is that of the originator or is deemed to be that of the originator, or where the addressee is entitled to act on that assumption, the addressee shall be entitled to regard the electronic record received as being what the originator intended to send, and to act on that assumption. (7) The addressee shall not be entitled to regard the electronic record received as being what the originator intended to send where the addressee knew or ought to have known, had the addressee exercised reasonable care or used any agreed procedure, that the transmission resulted in any error in the electronic record as received. (8) The addressee shall be entitled to regard each electronic record received as a separate electronic record and to act on that assumption, except to the extent that the addressee duplicates another electronic record and the addressee knew or ought to have known, had the addressee exercised reasonable care or used any agreed procedure, that the electronic record was a duplicate.