32 GOVERNMENT GAZETTE. No. 23708 2 AUGUST 2002 ~ .Act No. 25. 2002 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 Formation and validity of agreements 22. ( I ) An agreement is not without legal force and effect merely because it was concluded partly or in whole by means of data messages. (2) An agreement concluded between partiesby means of data messages is concluded at the time when and place where the acceptance of the offer was received by the offeror. 5 Time and place of communications, dispatch and receipt 23. A data message( a ) used in the conclusion or performance of an agreement must be regarded as having been sent by the originatorwhen it enters an informationsystem outside the control of the originator or, if the originator and addressee are in the same information system, when it is capable of being retrieved by the addressee: (0) must be regarded as having been received by the addressee when the complete data message entersan information system designated or used for that purpose by the addressee and is capable of beingretrieved and processed by the addressee: and I C ) must be regarded as having been sent from the originator's usual place of business or residence and as having been received at the addressee's usual place of business or residence. Expression of intent statement or other 20 2%As between the originator and the addressee of a data message an expression of intent or other statement is not without legal force and effect merely on the grounds thLlt- it is in the form of a data message: or ( 0 ) it is not e\idenced by an electronic signature but by other means from which 25 such person's intent or other statement can be inferred. (n) Attribution of data messages to originator 25. A data message is that of the originator if it was sent by( ( 1 j the originator personally; ( 0 ) a person who had authority to act on behalf ofthe originator in respect of that 30 data message: or ( c ) an information systemprogrammed by or on behalf of theoriginator to operate automatically unless it is proved that the information system did not properly execute such programming. Acknowledgement of receipt message of data 35 16. ( I ) An acknowledgement of receipt of a data message is not necessary to give legal effect to that message. (21 An ackno\tledgement of receipt may be given by((11 any communication by the addressee, whether automated or otherwise: or ( h ) any conduct of the addressee, sufficient to indicate to the originator that the 40 data message has been received. CHAPTER IV E-GOVERNMENT SERVICES Acceptance of electronic filing and issuing of documents 27. Any public body that. pursuant to any law45 ( a ) accepts the filing of documents, or requires that documents be created or retained: