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Electronic Communication – Have You Kept the Appropriate Records

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The use of Email in particular has become a common practice for parties to electronic communication. Just because you have saved the email that you have sent, if it comes to  litigation , have you kept the necessary records? The Electronic Transactions Act (Qld) 2001 provides that you must keep, in electronic form – The origin of the e-communications; The destination of the e-communications; When the e-communication was sent; When the e-communication was received. We find that people tend to dispute whether they have received a certain email, and when they received it. To make it easy for people to determine this, there are a few rules set out in the Electronic Transactions Act 2001. We have briefly summarised these for you. These rules will apply unless your contract says something different. The time of receipt of the electronic communication is the time the e-communications becomes capable of being retrieved by the addressee (that is the recipient) at an electronic address desig...