Section 13: Acknowledgement of receipt

13. Acknowledgement of receipt (1) Subsections (2), (3) and (4) shall apply where, on or before sending an electronic record, or by means of that electronic record, the originator has requested or has agreed with the addressee that receipt of the electronic record be acknowledged. [Issue 1] E5 – 8 Revised Laws of Mauritius (2) 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 record has been received. (3) Where the originator has stated that an electronic record is conditional on receipt of the acknowledgement, the electronic record shall be treated as though it had never been sent, until the acknowledgement is received. (4) Where the originator has not stated that an electronic record is conditional on receipt of the acknowledgement, and the acknowledgement has not been received by the originator within the time specified or agreed or, where no time has been specified or agreed within a reasonable time, the originator— (a) may 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) where the acknowledgement is not received within the time specified in paragraph (a), may, upon notice to the addressee, treat the electronic record as though it has never been sent or exercise any other rights it may have. (5) Where the originator receives the addressee’s acknowledgement of receipt, it is presumed, unless evidence to the contrary is adduced, that the related electronic record was received by the addressee, but that presumption does not imply that the content of the electronic record corresponds to the content of the record received. (6) Where the received acknowledgement states that the related electronic record met technical requirements, either agreed upon or set forth in applicable standards, it is presumed, unless evidence to the contrary is adduced, that those requirements have been met. (7) Except in so far as it relates to the sending or receipt of the electronic record, this Part is not intended to deal with the legal consequences that may flow either from that electronic record or from the acknowledgement of its receipt.