Electronic Communications Convention and the Civil Law of Quebec

The first relates to the two cumulative functions of a signature, under the principle of functional equivalence: (1) the identity of the signer and (2) the intention in respect of “the information contained in the electronic communication”. [...] While the Model Law refers to the approval of the content of the information by the person who signed, the Convention instead uses the expression “that party’s intention in respect of the information”. [...] A technology-based document is electronic communication is the time presumed transmitted, sent or when it leaves an information system forwarded where the action required under the control of the originator or of to send it to the active address of the the party who sent it on behalf of the recipient has been accomplished by or originator or, if the electronic on the instructions of the sender, an. [...] The time of receipt of an electronic it becomes accessible at the address communication is the time when it indicated by the recipient as the becomes capable of being retrieved by address where the recipient accepts the addressee at an electronic address the receipt of documents from the designated by the addressee. [...] The time sender, or at the address that the of receipt of an electronic recipient publicly represents as the communication at another electronic address where the recipient accepts address of the addressee is the time the receipt of documents, provided when it becomes capable of being the address is active at the time of retrieved by the addressee at that sending.