بسم الله

Visitors: 1,075

Electronic Commerce Law of the Islamic Republic of Iran- Part 02


Part 2 – Data message provisions

Written Document, Original Signature
Article 6 - When the existence of a written document is deemed legally requisite, “data message” can be used as a replacement except unless for the following cases:
a) Ownership documents of immovable property.
b) Sale of medical materials to the final consumers.
c) Announcements, notifications, warnings or the like statements issuing a particular provision on the use of goods or prohibiting the use of certain methods or their omission hereto.

Article 7 - Where the law requires a signature, an electronic signature may suffice.

Article 8 – Where the law requires that the information be presented or retained in its original form, it is also possible to retain it as “data message” if the following requirements are met:
- The information contained therein is accessible so as to be usable for subsequent reference.
- “Data message” is retained in the same format it was generated, sent or received or in a format which can exactly represent the information generated, sent or received.
- The information, if any, enabling the identification of the origin and destination of a “data message” and the date and time when it was sent or received is also retained.
- Other provisions that an institution, organization, and governmental agency or ministry has laid down within the scope of their functions are retained.

Article 9 – Under any circumstance where the distribution of a "data message" is terminated from a certain point in time and it is replaced with a paper document, this shall be expressly stated in the paper document. Such a replacement will on no occasion affect previous rights and obligations between both parties.

Part 2 – Secure "data message"

Section 1: Secure Electronic Signature and Electronic Record

Article 10 – A secure electronic signature must contain the following requirements:
a) Be unique to the signatory.
b) Identify the signatory of "data message".
c) Be signed by the signatory or under his/her sole intention.
d) Be affixed to “data message” in a way that any change in data message can be detected and identified.

Article 11 – A secure electronic record is a “data message” which is stored by the observance of the requirements of a secure information system and is accessible and perceivable when needed.

Section 2 – Admissibility, Evidential Value, and Consequences of Secure Electronic Record and Signature

Article 12 – Evidence and any supporting document may be in the form of “data message”. The evidential value of a “data message” can by no means be repudiated solely due to its form and framework at any court or governmental office.

Article 13 – In general, the evidential value of a “data message” depends on the methods used to guarantee its security such as selecting a security measure that  corresponds to the subject and purpose of the “data message”.

Article 14 – All “data messages” which have been generated and stored via secure method are deemed to be valid and reliable documents by judicial or legal authorities in terms of what they contain as well as included signature therein, obligations of both parties or the party who covenants and all persons who act legally on their behalf, and effecting the terms and conditions contained therein.

Article 15 – The validity of a secure "data message", secure electronic record and secure electronic signature may not be questioned or denied; only a claim of forgery of a "data message" or a proof of its invalidity on a legal basis may be considered.

Article 16 – Any “data message” recorded and retained by a third party in accordance with the provisions of Article 11 of this Law, is deemed valid.

Part 4 – Communication of "Data Message"

Section 1 – Legal Validity of Incorporation by Reference, Contract and Intention of Parties

Article 17 – "Incorporation by Reference" is valid upon the satisfaction of one of the following conditions:
a) Object of reference is expressly stated in the "data message".
b) Object of reference is explicit and specified for the relying party.
c) The referenced "data message" is acceptable by the relying party.

Section 2 – Attribution of "data message"

Article 18 – In the following cases, a "data message" is attributed to the originator:
a) If it is sent by the originator or by a person who had the authority to act on behalf of the originator in respect to that “data message”.
b) If it is sent by a programmed information system or automated agent on behalf of the originator.

Article 19 – The addressee is entitled to regard the "data message" which is sent according to one of the following conditions as having been sent and to act on that assumption (having been sent): 
a) A method is introduced by or agreed with the originator indicating that the "data message" is in fact the same “data message” that was sent by the originator.
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 “data messages” as its own.

Article 20 – Article 19 of this Law does not comprise the cases where the message is not issued from the originator or is mistakenly issued.

Article 21 – Every "data message" is deemed to be a separate and distinct "data message" unless it turns out that the given "data message" is a duplicate of the original "data message".

Section 3 –Acknowledgement of Receipt

Article 22 – Where on or before sending a "data message", the originator has requested or agreed that the receipt of a "data message" be acknowledged, in case that no discussion or agreement has been reached on how to perform it, any automated communication or correspondence or adoption of any proper measure on the part of the addressee that reasonably assures the originator of the "data message" receipt, is deemed to be the acknowledgement of receipt.

Article 23 – Where the originator has expressly stated that any legal effect of the “data message” is conditional on receipt of the acknowledgement, the “data message” is treated as though it has never been sent, until the acknowledgement is received.

Article 24 – Presumption of the receipt of "data message" does not hold true on the content of the "data message".

Article 25 – Where in the received acknowledgement it is stated that the receipt of related “data message” met technical requirements of applicable standards or a mutually agreed procedure, it is presumed that those requirements have been met.

Section 4: Time and Place of Dispatch and Receipt of "Data Message"

Article 26 – the dispatch of a "data message" occurs when it enters an information system outside the control of the originator or his/her agent.

Article 27 – The time of receipt of a "data message" is determined as follows:
a) If the addressee's information system has been designated for the receipt of the “data messages”, receipt occurs when:
- The "data message" enters the designated information system; or
- The "data message" enters an information system of the addressee that is not the one solely designated for such a purpose, and it is retrieved;
b) If the addressee has not designated an information system for the receipt, receipt occurs when the “data message” enters an information system of the addressee.

Article 28 – The terms and conditions of Article 27 of this Law is effective regardless of the location of the information system.

Article 29 – In the event the location of the information system is different from that of the receipt of the "data message", the following conditions are to be effective:
a) Unless otherwise agreed between the originator and the addressee, a “data message” is deemed to be dispatched at the place where the originator has its place of business or work, and is deemed to be received at the place where the addressee has its place of business or work.
b) If the originator has more than one commercial domicile, the closest one to the place of transaction is considered his commercial domicile; otherwise, the corporate headquarters is considered as the commercial domicile.
c) If the originator or addressee does not have a commercial domicile, their residence is considered to be their commercial domicile.

Article 30 – The legal effects following attribution, receipt of acknowledgement, time and place of dispatch and receipt of "data message", the subject of section 2 to section 4 of Part 4 of this Law and also contents of "data message" are subject to general provision.

You must be a member to send comments Register