LAWS OF BRUNEI
16
CAP. 196
Electronic Transactions
2008 Ed.
Effectiveness between parties.
12.
As between the originator and the addressee of an electronic record, a
declaration of intent or other statement shall not be denied legal effect,
validity or enforceability solely on the ground that it is in the form of an
electronic record.
Attribution.
13.
(1) An electronic record is that of the originator if it was sent by the
originator himself.
(2) As between the originator and the addressee, an electronic record
is deemed to be that of the originator if 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 system programmed by or on behalf of
the originator to operate automatically.
(3) As between the originator and the addressee, an addressee is
entitled to regard an electronic record as being that of the originator and to
act on that assumption if —
(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 electronic records as its
own.
(4) Subsection (3) 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 within subsection (3)(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